McDuff v. Kurn

FOSTER, Justice.

This is an action at law for damages for the death of plaintiff’s intestate, McDuff. It was tried on counts A, B, and C.

Count A is predicated upon the negligent failure to employ a competent fellow servant, Mulligan, or a negligent retention of him in the employment of the defendant carrier with knowledge of his incompetency on account of his habitual drunkenness, and because of his dangerous character when drunk, and that while so drunk, and in the line and scope of his employment, he wrongfully shot and killed McDuff.

The common law prescribed such a duty upon the employer,…