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ELLIS v. AMERICAN SERVICE CO.

No. 750.

82 S.E.2d 419 (1954)

240 N.C. 453

ELLIS v. AMERICAN SERVICE CO., Inc. et al.

Supreme Court of North Carolina.

June 4, 1954.

Attorney(s) appearing for the Case

P. W. Glidewell, Sr., Reidsville, Carroll & Pickard, A. M. Carroll, Burlington, and J. A. Webster, Leaksville, for plaintiff, appellant.

Armistead W. Sapp, Greensboro, for American Service Co., Inc., and Burlington Ice Delivery Co., Inc., defendants, appellees.

Cooper, Long, Latham & Cooper, Burlington, for Cities Ice Service Co., Inc., defendant, appellee.

BOBBITT, Justice.

An employer is liable where his employee causes injury by negligent operation of the employee's automobile while in use in the prosecution of his employer's business, when the employer knows or should know that the employee is so using it. Davidson v. Western Union Telegraph Co., 207 N.C. 790, 178 S.E. 603; Miller v. Wood, 210 N.C. 520, 187 S.E. 765; Pinnix v. Griffin, 219 N.C. 35, 12 S.E.2d 667; 5 Am. Jur. p. 728, Automobiles sec. 393; 60...

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