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P, a boy of 13, was injured in a collision with an automobile belonging to D. D is an electrical contractor, engaged in the business of building and repairing telephone lines. Ludwig was employed as a foreman by D. Ludwig left work in a runabout to build some telephone lines for D. He was accompanied by Sinner, also an employee of D, and D's son, Benny. They carried a box of tools, etc., in the car, to be used in connection with the proposed work. D instructed Ludwig to proceed to the worksite by a specific route. Ludwig followed the prescribed route, but he departed therefrom at the request of Sinner and proceeded to the city of McVille. The workers remained at McVille about one hour, and then left for the worksite by way of New Rockford. The Kohlmans lived east of New Rockford and, at the time of the accident, were driving in an easterly direction on the so-called Tiffany highway. About a mile east of New Rockford, they were struck by the car driven by Ludwig. The car was going west, towards New Rockford, en route to Carrington. As a result of the collision, P was injured. The deviation from the route prescribed for Ludwig made the trip approximately 36 miles longer. The case proceeded to trial and after P closed, D moved then moved for dismissal in that Ludwig was given specific instructions and in departing from them he abandoned the business of his master and, consequently, the latter was not responsible for any tortious act committed by him during the time he was thus engaged and off the route laid out for him by D. The court granted the dismissal and P appealed.

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