19 Iowa 26 | Iowa | 1865
It is not claimed on the part of plaintiff that the defendant is liable by reason of the relation of parent and child,
But this responsibility of the master grows out of, is measured by, and begins and ends with his control of the servañt. 1 Pars, on Cont., 88, and note a b. The application of these elementary rules to the ease at bar, will enable us to determine as to the correctness of the ruling of the court below.
The master directed the servant to turn the mare out of the pasture. If in the execution of this order the servant had done the wrong which produced the damage, the liability of the master would be unquestioned. But after the servant had fully discharged this duty,' and the control of the master, in that service, was ended, he committed the wrong complained of. The fact that the wrongful act was done shortly after the performance of the other act which he was directed to do, cannot change the liability .of the master. If that service was ended, it is immaterial whether it had been ended fifteen minutes or fifteen days. The act, in either case, not being done in the service of the master, he is not liable for it.
The evidence shows that the service under the direction of the defendant was ended, and that the wrongful act was done outside of the master's service. And hence the court erred in refusing to set aside the verdict and grant a new trial.
Reversed.