Hoppe Ex Rel. Hoppe v. Deese

Supreme Court of North Carolina
Hoppe Ex Rel. Hoppe v. Deese, 61 S.E.2d 903 (N.C. 1950)
232 N.C. 698; 1950 N.C. LEXIS 605
Ervin

Hoppe Ex Rel. Hoppe v. Deese

Opinion

EbviN, J.

A master is civilly liable for an assault and battery by his servant on a third person if, and only if, it is committed while the servant is acting within the course and scope of his employment. According to the allegations of the complaint, the male defendant assaulted the feme plaintiff to carry out an independent and licentious purpose of his own, and not to accomplish the business mission entrusted to him by the corporate defendant. This being true, the ruling on the demurrer was correct; *699 for it appears upon tbe face of tbe complaint tbat tbe wrongful act of tbe male defendant was outside the scope of his employment. Robinson v. Sears, Roebuck & Co., 216 N.C. 322, 4 S.E. 2d 889; Robinson v. McAlhaney, 214 N.C. 180, 198 S.E. 647; Snow v. DeButts, 212 N.C. 120, 193 S.E. 224; Smith v. Cathey, 211 N.C. 747, 191 S.E. 505. Tbe judgment sustaining tbe demurrer is

Affirmed.

Reference

Full Case Name
REBECCA W. HOPPE, by Her Next Friend, R. W. HOPPE, v. R. N. DEESE and SOUTHERN BELL TELEPHONE & TELEGRAPH COMPANY
Cited By
3 cases
Status
Published