American Oil Co. v. McCluskey

I dissent from the judgment and the portion of the opinion appearing in Division 2 (a). I have no quarrel with cases holding that the master can be held for injury caused by his servant when acting within the scope of his employment and for the purpose of accomplishing the authorized business of his master. That principle is well settled. But the record simply does not support the conclusion of the majority as to what the evidence shows, or their construction of it. A careful sifting of the evidence leads inevitably to the conclusion that a finding was demanded that Disharoon, the employee of…