While questions of whether an employee's actions fall within the scope of his employment are ordinarily questions of fact for a jury, where there are no disputed facts and there is no question that the employee's acts fall outside the scope of his employment, as here, the determination becomes one of law for the court and not one of fact for the jury (see, e.g., Horowitz v Sears, Roebuck & Co.,
Let's get started
Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.
- Updated daily.
- Uncompromising quality.
- Complete, Accurate, Current.