Hoover v. Globe Indemnity Co.

CoNNOR, J. Conceding, without deciding, that the facts alleged in the complaint are sufficient to constitute a cause of action in favor of the plaintiff and against the agent of the defendant, and that the Superior Court of Gaston County would have jurisdiction of an action instituted by the plaintiff against said agent to recover on such cause of action, we are of the opinion that the facts alleged in the complaint are not sufficient to constitute a cause of action against the defendant. It does not appear from the complaint, construed most liberally in favor of the plaintiff, that the wrongful act of its agent was within the scope of his employment by the defendant, or that such act was authorized or ratified by the defendant. The agent of the defendant was authorized by his employment to procure medical treatment for persons who had been injured by accidents which arose out of and in the course of this employment, where the defendant by reason of its contracts with their employers, was liable for compensation for such injuries, under the provisions of the North Carolina Workmen’s Compensation Act. He was not authorized by his employment to procure medical treatment for ailments which were in nowise connected with such injuries. The act of the agent as alleged in the complaint was beyond the scope of his employment, and for that reason, in the absence of allegations that said act was specially authorized by the defendant, or that defendant had ratified the act of its agent, the defendant is not liable for damages resulting from the act of its agent. The defendant’s demurrer should have been sustained. If by a most liberal construction of the allegations of the complaint, it would be held that the defendant is liable to the plaintiff in this action, upon the allegations of the complaint, it would seem that the North Carolina Industrial Commission would have jurisdiction of the claim of the plaintiff against the defendant. See Hoover v. Indemnity Co., 202 N. C., 655, 163 S. E., 758. The order overruling the demurrer is Reversed.