Judges: TERRELL, C. J.
Attorneys: Shackleford, Farrior Shannon, for Plaintiffs in Error;
Alderman Alderman and F. Lyn Gerald, for Defendant in Error.
Filed: May 21, 1940
Latest Update: Mar. 02, 2020
Summary: Prior to his death on December 8, 1937, Charles S. Moore, Jr., was an employee of Lee Motors, Inc. He was Secretary and Treasurer of the company and manager of its parts department. The company maintained a twenty-four hours service, making it necessary for Moore to be available at any time. On Sunday night, December 5, 1937, Charles S. Moore, Jr., went to his place of business, turned off the lights which he left on earlier in the evening, carried his wife home, and started back at once. On the
Summary: Prior to his death on December 8, 1937, Charles S. Moore, Jr., was an employee of Lee Motors, Inc. He was Secretary and Treasurer of the company and manager of its parts department. The company maintained a twenty-four hours service, making it necessary for Moore to be available at any time. On Sunday night, December 5, 1937, Charles S. Moore, Jr., went to his place of business, turned off the lights which he left on earlier in the evening, carried his wife home, and started back at once. On the ..
More
It is my opinion that when Moore was taking his wife home he was not on his employer's business but, having taken his wife home he there ended his personal mission and when he started back to his employer's place of business to fulfill his obligation to his employer, he was from that moment on his employer's business in the discharge of the duty which he was obligated to perform.
It was not necessary to return to the employer's place of business except for the purpose of discharging the duty to his employer which he was obligated to discharge.
It was his personal duty to take his wife home because of her then condition. He could have stayed at home with her in disregard of his duty to his employer. He did not
do that but chose to discharge his duty to his employer and attending to his employer's business. I think the award should be affirmed.
CHAPMAN, J., concurs.
