Barney v. Jewel Tea Co., Inc.

The core of the opinion lies in the paragraph reading

“We believe the better rule to be that a principal is not liable for the willful tort of an agent which is committed during the course of his employment unless it is committed in the furtherance of his employer’s interests or unless the employment is such that the use of force could be contemplated in its accomplishment.” (Italics added.)

I could better subscribe outrightly to this pronouncement without comment if it were not for the fact that the italicized phrases themselves require definition.

In my dissenting opinion in the case of Stover…