MASTER AND SERVANT - LIABILITY FOR TORTS OF SERVANT - SCOPE OF EMPLOYMENT

Defendant corporation was an owner and operator of taxicabs. One of its cabs was hailed by another taxicab driver to pursue the latter's taxicab which had just been stolen from him. During the pursuit defendant's taxicab struck plaintiff's car. Plaintiff seeks to recover from defendant for the damage to his car.

Held, the driver of the cab was not acting in the scope of his employment so defendant cannot be held. Bindert v. Elmhurst Taxi Corp., (N. Y. Mun. Ct. 1938) 6 N. Y. S. (2d) 666.