Supreme Court of North Carolina, 1950

Hoppe Ex Rel. Hoppe v. Deese

Hoppe Ex Rel. Hoppe v. Deese
Supreme Court of North Carolina · Decided November 22, 1950 · Ervin
61 S.E.2d 903; 232 N.C. 698; 1950 N.C. LEXIS 605 (South Eastern Reporter, Second Series)

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.

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