Scotchman vs. Black-Face

Here’s an interesting set of facts from a Tennessee Supreme Court case from 1918.  For some reason I would just love to stage this scene with actors and costumes and props.  And appropriate accents (see if you automatically take on an accent when you read the dialogue below)…

Paton was in the employ of the light company, and charged with the duty of inspecting all meters and seeing that they were kept in running condition. The coal company used two of the meters of Paton’s employer. Paton went to the plant of the coal company to inspect one of these meters, and on making known his business, Morehead opened the door of the building where the meter was located and let him into the building. Morehead says that he then asked Paton if there was anything wrong with the meter, observing that a man was sent there every few days; whereupon Paton began to curse, and asked, “What have you got to do with it?” and saying further, “I believe you coal men think we are thieves like all of you coal s____ of b____s,” in reply to which Morehead said, “I did not come down here to have trouble with you; I don’t know anything about you being a thief; I know I am not.” Paton then said to him, “Shut up, you black-faced s____ of a b____; you don’t know me; I am a Scotchman; I will kill you; I have got a gun; I will kill you;” at which time Morehead turned and walked away, meaning to go to the office to call up the Light Company, and have the meter taken out. He left Paton still working on the meter, and was not expecting him to follow. While he was on his way to the office, however, he heard some one talking behind him, and on glancing around he saw Paton approaching him running, and then within ten feet of him. When Paton got opposite Morehead, he turned facing Morehead and threw his own hands to his hip pocket, saying, “You black-faced s____ of a b____, I will kill you now,” drawing something out of his pocket. This was a meter seal. Morehead testifies that, thinking Paton had a pistol he fired in what he thought was his own self-defense…. According to the evidence of Morehead, he ceased shooting on Paton’s falling, and this is not contradicted.

Yeah.  That’s from Hunt-Berlin Coal Co. v. Paton, 202 S.W. 935, 936 (Tenn. 1918).  I plan to  encourage mature discussion in a moment.  But first, please bear with me while I stoop to seventh grade humor…

Okay.  Now that I’ve gotten that out of my system (sorry, had to do it)…. What do we think about the Morehead mishap?  Clean shoot?  Jailhouse bound?  Civilly liable?  Both?  And perhaps a trickier question: If Morehead is civilly liable, can his employer — the coal company — be held liable too?  Can Morehead’s actions be imputed to his employer in civil court?  Hmm….

You be the judge!  And then later I’ll tell you what the actual judge said on that fateful day of reckoning in 1918.

Update!

So what ever happened to Mr. Morehead?  Click here for the follow-up post…

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