Scrivner v. Boise Payette Lumber Co.

WM. E. LEE, C. J.,

Dissenting. — I am of the opinion that the judgment should be affirmed.

It is said in 1 Thompson, Neg., see. 532, that:

“ .... a master who employs a dangerous agency upon his premises, or in the prosecution of his business, and commits such agency to his servants, thereby commits to them his own obligation of using care m respect to them to the end that third persons be not injured by them; and he is responsible for the negligence of his servants in discharging this obligation, although they may have been guilty of the act of negligence, for the sole purpose of accomplishing…