D'Ambrosio v. Boston & Maine Railroad

The only questions considered are whether it can be found as a matter of fact that (1) the plaintiff was acting within the scope of his employment when he was injured, and (2) the accident was one arising out of and in the course of his employment.

1. The test to determine whether the plaintiff was acting within the scope of his employment when he was injured is not to inquire whether he was told in so many words to do the act in question, but whether the defendants ought to have anticipated that such a man might do it. Roussel v. Company, 80 N. H. 254.

If it can be found as a fact, it cannot…