Baird v. Farmer Bros. Northwest, Inc.
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.
Opinion
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.
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Cite This Page — Counsel Stack
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.