Cooner v. United States

(dissenting) .

The difference in the Court stems entirely from lack of agreement upon the nature of the question.

My brothers view the problem as one calling for an application of the dual purpose rule. In the language of Mr. Justice Cardozo,1 they ask, “whether it is the employment or something else that has sent the traveler forth upon the journey * * [167N.E. 182] To the extent that the existence of a question of whether the use of the particular instrumentality is within the scope of employment is recognized, it is answered without reference to the considerations relevant to a resolution of…