The record discloses that “Witness then describes how collision occurred, indicating that Neighbors was negligent in the operation of his car. No point could be made by including all this testimony, for the reason that defendant is basing his appeal on account of the failure of the presiding judge to grant his motion for judgment of nonsuit upon plaintiffs’ failure to show defendant to be master of Neighbors at the time of the injury.”
It is admitted on the record, and in defendant’s brief j that “The sole question presented by this appeal is whether there was sufficient evidence *524to take tbe case to the jury that the employee was acting within the scope of his employment at the time and in respect to the very transaction out of which the injury arose.” The defendant contends that there was not sufficient evidence, but we cannot sustain his contentions. We think there was sufficient evidence, if not direct, at least circumstantial, to be submitted to the jury, that Emmit Neighbors was a servant of defendant and acting in the scope of his employment and about his master’s business when the collision took place which injured the plaintiff. Emery L. Miller and the car belonging to Charlie Miller, which he was driving at the time.
The evidence succinctly tends to show that Neighbors was superintendent of the mechanical line, in the employ of defendant — fixing the machinery in all of the mills of defendant (some 6 in all), located at different places. That he had a car which he used in carrying out defendant’s business; that defendant Wood saw, or in the exercise of due care could have seen, him using it at different times for the defendant company. His duties took him to other plants of the Wood Grocery Company, and on the occasion when the collision occurred he was using his car during working hours. (1) He had to get parts to send to defendant’s gin at Princeton' — iron bolts and seven-tooth sprocket. He went to Peacock’s Crossroad to a gin of defendant which was not running, and got the sprocket and some set-screws, and they were in the car when the collision occurred, the sprocket was afterwards taken to the Princeton gin. (2) The hands would use Neighbors’ car when they did not have anything else to drive, and trips were made in Neighbors’ car when he carried tools and appliances. (3) The Neighbors’ car was used by everyone at times to go up town and get parts, and the bookkeepers used it. (4) Neighbors would use it to go up town for parts, sometimes to the gin in Selma and Sampson County. (5) Neighbors would get gasoline from the company pump on the premises when he would go to a gin some distance away. (6) He turned his car over to an employee to go for materials or things for the Wood Grocery Company. There was other evidence to like effect.
The charge of the learned judge in the court below is omitted from the record, and the presumption of law is that he charged correctly the law applicable to the facts in the ease.
On motion to nonsuit, the evidence which tends to make for plaintiff is to be taken in the light most favorable to him, and he is entitled to the benefit of every reasonable intendment thereon and every reasonable inference to be drawn therefrom.
On the facts above stated, the court below, in a charge free from error, submitted the following issue to the jury: “Was Emmit Neighbors, at the time referred to in the complaint, operating his automobile as the *525employee of the defendant and within the scope of his authority as such employee?” The jury answered “Yes.” The evidence was plenary to be submitted to the jury.
In Dickerson v. Refining Co., 201 N. C., 90 (97), quoting from Tiffany on Agency, p. 270, it is said: “A servant is acting in the course of his employment when he is engaged in that which he was employed to do, and is at the time about his master’s business. He is not acting in the course of his employment, if he is engaged in some pursuit of his own. Not every deviation from the strict execution of his duty is such an interruption of the course of employment as to suspend the master’s responsibility; but, if there is a total departure from the course of the master’s business, the master is no longer answerable for the servant’s conduct.”
In Robertson v. Power Co., 204 N. C., 359 (360), citing numerous authorities, is the following: “The modern tendency is to give the rule a liberal and practicable application, especially where the business of the master, entrusted to his servants, involves a duty owed by him to the public or to third persons.” Jones v. Trust Co., 206 N. C., 214; Lertz v. Hughes Bros., Inc., 208 N. C., 490; West v. Baking Co., 208 N. C., 526.
In the judgment below we find
No error.