Plaintiff, a spectator occupying a front seat at a hockey game, was struck and injured by one of the players who was attempting to strike an opponent. Beyond the fact that a hockey game was in progress, there was nothing to indicate the player's motive. Plaintiff recovered judgment against appellant, the corporation that employed the player who had struck her. The lower court instructed the jury that the player who had struck the plaintiff was as a matter of law acting as a servant, agent, or employee and within the scope of his employment at the time the plaintiff was injured. On appeal, held, reversed. The question of whether or not the blow was struck within the scope of the player's employment should have been submitted to the jury. M. J. Uline Co. v. Cashdan, (App. D.C. 1948) 171 F. (2d) 132.
L. W. Larson, Jr.,
AGENCY-LIABILITY OF EMPLOYER FOR EMPLOYEE'S INTENTIONAL TORTS,
Mich. L. Rev.
Available at: https://repository.law.umich.edu/mlr/vol48/iss1/9