Gossett v. Atlantic Steel Co.

Felton, Chief Judge.

No employment relationship between *26the parties is alleged in this-case, but the petition seeks to hold the defendant steel company liable for injuries sustained by the plaintiff during a- strike at the company’s plant on the theory that it failed to exercise ordinary care toward the plaintiff as an invitee. Since the direct cause of the plaintiff’s injuries was the conduct of the defendant company’s employees while acting outside the scope of their employment or of third persons, the company can only be liable on this basis as a result of a failure to perform its duty to…