Skvorc v. Hager

Dissenting Opinion by

Keller, J.:

I cannot agree that the evidence, when considered in the light most favorable to the plaintiff, showed a total absence of authority in Shook to act for the defendant. While it is true that the defendant’s mine shaft was half a mile distant from the scene of the assault, there was evidence that the defendant’s land extended to the street, where the plaintiff was standing, and had to be crossed by any one going to the mine. A strike was in progress at the mine, and the defendant had instructed Shook to keep every one off his property including “that lot of ground…