Alberts, Respondent v. Mutual Service Casualty Insurance Co., Appellant

Summary

The South Dakota Supreme Court affirmed the trial court’s judgment, holding that the employee’s use of a state truck and his personal automobile to obtain a repair part was a factual issue for the jury to decide whether it fell within the scope of employment, that the employer’s ratification of his actions made it liable, and that the evidence of custom and the trial court’s instructions were not prejudicial.