(Download) "Francis Sauriolle v. William S. Ogorman" by Court of Appeals of New York ~ Book PDF Kindle ePub Free
eBook details
- Title: Francis Sauriolle v. William S. Ogorman
- Author : Court of Appeals of New York
- Release Date : January 04, 1932
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 66 KB
Description
I. A verdict was properly directed for the defendant OGorman. He was liable only if Shea, at the time of the accident, was engaged in doing what he was employed to do. Danforth v. Fisher, 75 N.H. 111. The limits of his authorization, his purpose and conduct are undisputed. His employment on his return trip was to take the car from Concord to the masters garage on Manchester street. When by direct route he had come to a point on that street within less than two blocks of his destination, instead of turning to the garage he embarked on a detour by Union street, Lake avenue, and Chestnut street, a total distance of ten blocks, for the sole purpose of discharging his passenger guest at a point nearer her home. While making this detour he was not engaged in what he was employed to do. The delivery of his guest was no part of his masters service. Shea was using the instrumentality of his employer for a purpose of his own choosing outside the scope of his employment. Danforth v. Fisher, supra; Roulias v. Crafts, 81 N.H. 107; Moulton v. Langley, 81 N.H. 138, 142 ; Groatz v. Day, 81 N.H. 417, 418 ; Shefts v. Free, 105 N. J. L. 577; Wilson v. Mason, 105 N. J. L. 540; Mathis v. Company , 153 Atl., Rep. 700. See Dearborn v. Fuller, 79 N.H. 217; Richard v. Company, 79 N.H. 380; Defoe v. Stratton, 80 N.H. 109. See Expl. note, pp. 15-18, Am. Law Inst. Restatement, Agency. (Tent.) 459.