Sandman v. Hagan

I dissent as to plaintiff’s appeal from judgment in favor of defendant employer.

Thompson-Starrett Co. v. Heinold (1932, C.A. 3d Pa.) 60 F.2d 360, involves a situation where an employee hit the employee of a subcontractor with a lead pipe when the plaintiff did not move his equipment as ordered. “It is undisputed that in the early cases a master- was held not liable for the tortious act of his servant, when the act was wanton and malicious. In later eases, the master is held liable for the wrongful act of the servant, notwithstanding its wanton and malicious character, if the act was done in…