(specially concurring).
While I concur m what has been so ably written by Judge DAWKINS, I would add a few further ob-servationg
John W. Campbell, the appellee’s alter ego, called by the plaintiff as an adverse witness, admitted that William Campbell was instructed to maintain order. The jury could reasonably find the evidence that for such purpose William Campbell habitually carried ^uns’ a black-jack, a horse whip or bull whiP visible to all> including John W. Campbell, and that on occasions he made use 0:f wbiP- The complaint, however, is not based on the theory of liabil^ rec°f?nized in Florida that the mastei knowingly kept a dangerous employee on the premises. Mallory v. O’Neil, 69 So.2d 313.
Appellant testified in part:
“A. I asked him why was he arresting me since he was not a cop, a policeman.
“Q. What did he say? A. He says, ‘I have orders to do this.’ Then he took out a gun from his pocket and showed it to me.
“Q. He said he had orders to arrest you? A. Yes, sir.
“Q. Did he say 4ho gave him the orders? A_ He did not tell me „
^ar as eyidence shows, the ap-Pellee was William Campbell’s sole em-ployer. The fact that the appellant was returned to appellee’s premises where the flogging was administered is some evidence tending to establish appellee’s liability, 35 Am.Jur., Master & Servant, § 575. Appellee was not called upon to introduce any evidence. While it may have been able to show that William Campbell, at the time of the beating, was not doing anything in furtherance of its business, it seems to me that the tes*260timony at present permits inferences that, in returning appellant to the corporate premises and beating him with a bull whip while handcuffed to the tractor, William Campbell was acting in what he thought was the appellee’s interest by making an example of appellant for returning to the camp without permission, for shooting up’ appellee s property, or for some other claimed misconduct against appellee s interest, and so as to keep the other Puerto Ricans in line and to put them on notice that he would not brook any insubordination.
., x , STRUM, Circuit Judge, concurs.