156 A. 499 | N.H. | 1931
The plaintiff offered evidence that the defendant's manager had instructed its drivers to use forcible methods to the extent of criminal conduct in competing with other laundries to obtain business. The evidence was rightly excluded. It did not appear that the defendant expressly authorized or ratified such instructions so as to make them its own. And the manager had no implied authority to give directions, or even permission, for conduct that anyone would know was wrongful. Favor v. Philbrick,
In Weir v. Watkins,
The nonsuit was proper. While the servant's conduct took place in the course of his service, it was outside its scope. It is not a case of rendering service in an unlawful manner, but of conduct which was no part of the service. The defendant owed no duty to protect the plaintiff from conduct of its servants not incidental to their service. Searle v. Parke,
The result is consistent with the cases of Rowell v. Railroad,
Judgment for the defendant.
All concurred. *235