112 Iowa 54 | Iowa | 1900
It is thought that what the brakeman said was not within the scope of his duty, and not binding, on the company. We are not to treat his remark to plaintiff as an invitation or a command, but as a statement of fact, of which a stranger, might properly consider he had knowledge. As such, his conduct bound the company. The general rule, governing the liability of a master for the torts of his servant, settle this matter in plaintiff’s favor.