Oliver Wendell Holmes, Jr.

“ But neither allegations nor proof present the killing as done to further the master's business or as anything but a wanton and wilful act done to satisfy the temper or spite of the engineer. Whatever may be the law of Mississippi a railroad company is not liable for such an act under the statutes of the United States. The only sense in which the engineer was acting in the course of his employment was that he had received an order from Green which it was his duty to obey-in other words that he did a wilful act wholly outside the scope of his employment while his employment was going on. ”

“ The ground on which the Railroad Company was held was that it had negligently employed a dangerous man with notice of his characteristics, and that the killing occurred in the course of the engineer's employment. ”

“ See Bowen v. Illinois Cent. R. Co., 136 Fed. 306, 69 C. C. A. 444, 70 L. R. A. 915.
Judgment reversed.
Notes
This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105) . ”