134 Iowa 749 | Iowa | 1907
On July 15, 1905, the defendant, being engaged in the ice business in the city of Davenport, sent out one of its delivery wagons in charge of an employe named Wagner. After starting upon the trip Wagner allowed his father-in-law, one Thomas, to get upon the wagon and ride with him and to assist in handling and delivering ice. The wagon having stopped in front of a house where a delivery ivas to be made, plaintiff, a child of eight years, with several other small children who were playing in that vicinity drew near, but, being called by their parents all withdrew except plaintiff. As the wagon stopped, Thomas went to the rear of the vehicle, and, taking up the tongs and a small tool known as a “ chipper,” laid hold of a piece of ice, and turned to deposit it on the ground or to carry it into the house. As
In the case before us there is no showing upon which an implication of authority in Wagner to employ or authorize .the assistance of Thomas in his work can be found. Hence the latter was not the servant of the defendant. It follows, therefore, as we have already stated, that a claim against defendant for damages occasioned by the negligence of Thomas cannot be sustained.
The conclusions above announced dispose of all material questions suggested in the arguments of counsel.
The judgment of the district court is affirmed.