McKinlay v. Ogden

Citations

• 62 Pa. Super. 18
• 1915 Pa. Super. LEXIS 390

Syllabus

<p>Master and servant — Suit by master against servant — Moneys received from other sourc.es.</p> <p>In an action by an employer against his employee, a salesman, to recover money claimed to have been receivéd by the employee from a service not within the contract of employment, the case is for the jury and a verdict and judgment for the plaintiff will be sustained where it appears that both parties by their conduct regarded the money received by the employee as the property of the employer and the service wherein it was earned as within the scope of the contract of employment.</p> <p>In such a case it is immaterial whether the defendant’s time was wholly occupied in plaintiff’s business. The question was whether such services were within the scope of the contract of employment.</p>