We see no error in the court below granting the non-suit. There was no sufficient evidence to be submitted to the jury that Hugh Gaddy, an employee of defendant, was about his master’s business *209when he injured the plaintiff. He quit his work and was on his way home and there is no evidence that he was on duty or that the bicycle was.b.eing used by Gaddy in the defendant’s business at the time of the collision with plaintiff. We think this case is similar to Liverman v. Cline, 212 N. C., 43 (45).
“Where one person is sought to be charged with the negligence or wrongdoing of another, the doctrine of respondeat superior applies only when the relation of master and servant is shown to exist between the wrongdoer and the person so sought to be charged, at the time of and in respect to the very transaction out of which the injury arose. The fact .that the former was at the time in the general employment and pay of the latter, does not necessarily make the latter chargeable.” Wyllie v. Palmer, 137 N. Y., 248.
For the reasons given, the judgment in the court below is
Affirmed.