there is a crime not on a common carrier the common carrier is responsible i'm not suggesting that whenever there is a crime of the rolling case reimburses carlow community you know school district but i'm sure you're familiar with  rule that says that the common carrier has a heightened duty of care to their means their response that you have responded to superior liability for criminal or intentional acts and were where does it come from victims elsewhere but the point is it's not focused on it's not really ask you this question the highest degree of care that a common carrier has a duty to doesn't that apply to just negligence  and whether or not a common carriers responsible for then he he rejected justice tignes approach but he he he said that when you're talking about an act of an act of a third part so the supreme court said in those circumstances there is i'd give ya behalf of the common carrier to make sure that it's servings are not injuring the clientele of the employer those passengers on that co driver leaves just leaves the route and has a basically unconscious passenger don't you think that the tour has started and we don't you think that something is going on their person is being imprisoned or there is that know taped up or chained up or whatever that she was not able to leave of her own volition there was allegations are completely missing from the whole imprisonment allegation which is why that allegation fails as well that claim fails as well as to the negligent supervision claim that all you so you think this is a factual issue as opposed to the legal issue that we just discussed with counsel and with the except he idea that  generally is accepted to be theoretically outside the scope of employment but since it's a common carrier we're going to have liability where you're saying that that saves you your client in this case is that there's a factual taking services from pace i think the court could hold solely on that actual distinction but going to more of the legal question as to whether or not there could be liability if correctly clad we said a case that employer that that sexual conduct of the teacher was outside the scope of her employment and there was no argument there could be that even if the employment provided the opportunity for misconduct the sexual misconduct just fell outside of i and i will address that simply because that was raised in their five brief for the first time i was just to hear arguments based on that restatement section are waived but even considering it if we were to take a look at the second illustration about the statement section i think it's plain that that doesn't apply in roughly fourteen a addresses is the duty to protect passengers from unreasonable harm and to give first aid at that they know they're ill case you cited that's that's kind of the entire point of the holding of the green case is that in an intentional court scenario where the the principal's agent commits an intentional  under a common carrier passenger relationship they are liable regardless of the fact that their it falls outside of the scope of employment and wouldn't occur with any sort of actual or apparent authority for those acts so you're saying relationship when you say does it continue if there is a break in time if he observes somebody came back later with her house thought i think that person would but she wasn't too good shape about it i want to take advantage of her that's different but here the negative supervision even if the the rapist turned out to be somebody else this is all a case long do you know even before you were born i was born all these years always say that you have to have no dispersed well  there can be more we know we are left with the ultimate facts are without being able to yet lay out all of the evidence that would support county action that aren't seen counts that there's just more than enough this think back on the other counts this is one person or discover would be needed to be able to put together these thank you very much thank you thank you guys for giving us a very interesting case will take it under advi