Baird v. Farmer Bros. Northwest, Inc.

382 P.2d 883, 14 Utah 2d 279, 1963 Utah LEXIS 202
CourtUtah Supreme Court
DecidedJune 28, 1963
DocketNo. 9814
StatusPublished

This text of 382 P.2d 883 (Baird v. Farmer Bros. Northwest, Inc.) is published on Counsel Stack Legal Research, covering Utah Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Baird v. Farmer Bros. Northwest, Inc., 382 P.2d 883, 14 Utah 2d 279, 1963 Utah LEXIS 202 (Utah 1963).

Opinion

HENRIOD, Chief Justice.

Appeal from a dismissal. Affirmed, with costs to defendant.

H, an employee of defendant was hired to work Monday through Friday selling coffee and accessories with a truck furnished him. On a Friday a customer called and H happened to answer the phone. He took the order. On Saturday, accompanied by his roommate, whom he took specifically to see the country, he delivered the coffee in his own passenger car, not the company truck. Returning home, hut sleepy, he let his friend drive and an accident ensued, the subject of this case.

Plaintiff says defendant was negligent on some theory of respondeat superior. The evidence clearly showed no authority for H’s action, and that what he did was in violation of his employer’s specific instructions.

The trial court found no responsible vicariousness, and we agree.

McDONOUGPI, CALLISTER, CROCKETT and WADE, JJ., concur.

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Bluebook (online)
382 P.2d 883, 14 Utah 2d 279, 1963 Utah LEXIS 202, Counsel Stack Legal Research, https://law.counselstack.com/opinion/baird-v-farmer-bros-northwest-inc-utah-1963.