Plotkin v. Northland Transportation Co.

Authority may be found, as the majority opinion shows, to sustain the proposition that the employer is not liable for the servant’s wilful tort under the circumstances of this case. The authorities are in hopeless confusion. They have been reviewed many times by us, and I shall not essay the task again. In Penas v. C. M. & St. P. Ry. Co. 112 Minn. 203, 127 N. W. 926, 30 L.R.A. (N.S.) 627, 140 A. S. R. 470, the authorities are discussed at length. We there said that the confusion is greater in this than in any other corresponding branch of our jurisprudence. Our rule was settled in Smith v.…