Snyder v. Eriksen

Citations

• 109 Kan. 314
• 198 P. 1080
• 1921 Kan. LEXIS 133

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant' — Negligent Driving of Truck by Employee — Employee Acting Within Scope of His Employment — Master Liable for Employee’s Negligence. An employee in a furniture establishment who had been employed to do general work in the store and assist other employees in delivering goods, but had not previously been assigned to the duty of driving trucks, went out to the fairgrounds to help a superior employee who had been given charge of assembling and setting up an exhibit, and when the noon hour arrived the employee was directed by his superior to take a motor truck and drive to his home to get his dinner in order that he might sooner return and continue his work. On the way to his dinner he drove the truck in a negligent manner and struck and injured a pedestrian on the street. Held, that he was then acting within the scope of his employment and in furtherance of his employer’s business, and that his employer was liable for the negligent injury.</p> <p>2. Same — Instructions. The instructions given to the jury examined and held to be without prejudicial error.</p> <p>3. Same — Cowrt’s Power to Supervise Special Interrogatories and Answers Thereto. It is competent for the court to supervise and shape special interrogatories that are submitted to a jury and it may reject questions that are improper or immaterial and limit the questions to ultimate facts on controverted issues.</p> <p>4. Same. The court may also explain the questions and instruct the jury as to the law applicable to them, exercising caution not to express an opinion as to controverted facts; and held, that the action of the court in explaining the questions and advising the jury as to the applicable rules of law was not an invasion of the province of the jury.</p> <p>5. Same. If the answers returned by the jury are indefinite or incomplete or show a misconception of the questions, the court may, on the application of either party or on its own motion, requi