Finsland v. Phillips Petroleum Co.

This, is not an action brought by an employee against his employer for benefits provided under the Workmen’s Compensation Act. It is a third-party action alleging that an employer is liable for a negligent act committed by an employee while such employee was engaged in carrying on the work of the employer.

If this were a workmen’s compensation case, the test would be whether at the time of injury the employee was performing service “growing out of and incidental to his employment.” 1 This is a broader base of employer liability than the common-law test which is whether the employee was acting…