Standard Oil Co. v. Parkinson

Citations

• 152 F. 681
• 82 C.C.A. 29
• 1907 U.S. App. LEXIS 4330

Syllabus

<p>1. Masts» and Servant — Torts os’ Servant — Liability of Master — Test.</p> <p>The test of one’s liability for the negligent act or omission of his alleged servant is his right and power to command and control his imputed agent in the performance of the causal act or omission at the very instant of its performance or neglect.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 1209, 1226.]</p> <p>2. Same — Scope of Employment.</p> <p>A master is liable for damages caused by the negligence of his servant within the scope and in the course of his employment, although he neither directs nor is aware of it.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, § 1226.]</p> <p>3. Same — Action—Question for Jury.</p> <p>One Perry was intrusted with the keys of the storage tanks of the Standard Oil Company at a town in Nebraska, drew oil and gasoline from them, hauled and delivered these articles to customers of the company in neighboring towns, sold them when he could at prices ftxed by the company, collected the prices of the articles delivered and sold, and remitted their proceeds weekly to the company, which paid him monthly one cent a gallon of the articles thus delivered and sold. He used a wagon of the company and his own horses and selected his own routes and times to haul the oil and gasoline, and, as he was driving across a railroad track, an engine collided with the wagon and a serious injury resulted.</p> <p>Held, there jvas substantial evidence that Perry was the agent of the company at the instant and in the act of driving upon the railroad crossing, so that the question whether he was an agent or an independent contractor was for the jury.</p> <p>LEd. Note. — For cases in point, sec Cent. Dig. vol. 34, Master and Servant, § 1274.]</p> <p>4. Death — Actions—Presumptions.</p> <p>In Nebraska the legal presumption, is, in an action under sections 2503, 2504, Comp. St. Neb. 1901, for damages for