Wallace v. John A. Casey Co. ( 1909 )

Jenks, J. (concurring):

My concurrence is confined to the first ground stated in the opinion of Miller, J. I think that liability of the master for the negligence of his servant may be found notwithstanding that negligence is incident to a voluntary, gratuitous or charitable undertaking of the master.

Judgment and order reversed and new trial granted, costs to abide the event.