The Texas & Pacific Railway Company v. Paul Hagenloh

Summary

The Texas Supreme Court held that C. B. Houghland's assault on Paul Hagenloh was not within the scope of his employment, so the Texas & Pacific Railway Company was not liable under respondeat superior and the lower courts' judgment for Hagenloh was reversed. The Court applied the Wininger rule to review the evidence and found no sufficient connection between Houghland's duties and the assault. Justice Smith dissented, arguing that the majority improperly limited the scope of authority test and that a jury could have found the employer liable.