The American Reports, Containing All Decisions of General Interest Decided in the Courts of Last Resort of the Several States Volume 11
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1874 edition. Excerpt: ...or unskillfulness of his servant, who had no purpose but the execution of his master's orders," but that the form of such action must be case and not trespass. The opinion contains nothing which bears upon this intermediate case of a servant who does not " quit sight of the object for which he is employed," but for the purpose of executing his master's orders, and in the course of his employment does an act injurious to another, or in disregard of his rights. A few cases may be cited as illustrative of the principle, to show the turning point of responsibility on the part of the master. In the case of McC'lenaylzan v. Brock, 5 Rich. Law, 17, plaintiffs slave was on board a steamboat as a passenger, and the second engineer of the boat, by negligently discharging a gun, wounded him while he was upon a lighter alongside of the steamboat, and it was held that the captain was not responsible. The engineer. it will be Garretzen v. Duenckel. seen, was not acting, in the discharge of the gun, in any duty connected with his employment. He was doing something on his own account, independent of his business with the boat. In the case of Mali v. Lord, 39 N. Y. 381, the plaintiff was in defendant's store purchasing goods, the defendant was absent at the time, and the superintendent and clerks suspecting the plaintiff of having stolen goods, called in a policeman and had her searched; no goods were found upon her. She then brought her action for damages, and the court decided that as the act was done without the knowledge or the express or implied authority of the proprietor or owner, the master was not liable; that the servant was not impliedly authorized by his master to do that which the master himself, ...
- Paperback | 338 pages
- 189 x 246 x 18mm | 603g
- 13 Sep 2013
- United States
- Illustrations, black and white