Alison (a) it was laid down that " the distincGBEF.XWOOD. tion is this; if a servant driving a carriage, in order to effect some purpose of his own, wantonly strike the horses of another person and produce the accident, the master will not be liable.... The South Western Reporter - Pàgina 3951924Visualització completa - Sobre aquest llibre
| Great Britain. Court of King's Bench, Richard Vaughan Barnewall, Sir Edward Hall Alderson - 1821 - 754 pàgines
...declaration, as the owners and proprietors of the chariot. As to the second point, the distinction is this ; if a servant driving a carriage, in order to effect...act done in pursuance of the servant's employment. The case, therefore, has been properly left to the jury. Rule refused, (a) (a) See Macmanui v. Cmkrtt,... | |
| William Selwyn - 1827 - 834 pàgines
...directed or assented to the act of his servant; it was holden, that the action could not be maintained. If a servant driving a carriage, in order to effect...be liable*, being an act done in pursuance of the master's employment. Where one of a ship's crew wilfully injured another ship, without any direction... | |
| William Jones - 1828 - 328 pàgines
...in order to extricate " himself from the difficulty, that will be negligent and careless con" duct, for which the master will be liable, being an act done in pursu" ance of the servant's employment." Croft v. Alison, 4 B. and A. 590. OC7 making the head of... | |
| Charles Petersdorff - 1831 - 598 pàgines
...carhive been riage, in order to effect some purpose of his own, wantonly strike the horses .Ijab'e; of another person, and produce the accident, the master...which the master will be liable, being an act done ¡n pursuance of the servant's employment. The case, therefore, has been pro, perly left to the jury.... | |
| Richard Burn - 1831 - 1094 pàgines
...order to effect some purpose of his own, wantonly strike the horses of another person, and produce an accident, the master will not be liable. But if, in...act done in pursuance of the servant's employment. Per Cur. in Groß v. Alison, 4 B. 4- A. 590 ; and see Bowcher v. Noidstrom, 1 Taun. 568. A person occasionally... | |
| John Simcoe Saunders - 1831 - 598 pàgines
...order to effect some purpose of his ovvn, wantonly strike the horses of another, the master is riot liable ; but, if, in order to perform his master's...done in pursuance of the servant's employment:"/?, cu- [*350] riam, Croft v. Alison, 4 B. Sf A. 592. An agent or servant cannot, in general, be sued for... | |
| Richard Burn - 1837 - 1196 pàgines
...order to effect some purpose of his own , wantonly strike the horses of another person, and produce an accident, the master will not be liable. But if, in...act done in pursuance of the servant's employment. (Per Cur. in Croft v. Alison, 4 B. §• Aid. 590; and see liowcher v. AroWstrom, 1 Taun. 568.) If... | |
| Joseph Chitty, Thomas Chitty - 1837 - 860 pàgines
...that all the defendants were jointly liable in an action on the case at the suitof ihe party injured. be negligent and careless conduct, for which the master will be liable, being н. DKFEHan act done ia pursuance of the servant's employment" (q). So if a servant DANT8' take out... | |
| William Paley - 1847 - 732 pàgines
...will not be liable. But if, in order to perform his master's orders, he strikes, hut injudiciously and to extricate himself from a difficulty, that will...act done in pursuance of the servant's employment. (6)4. This constructive negligence or misconduct, *arising from the acts of an agent, has been held... | |
| Joseph Chitty - 1851 - 900 pàgines
...his master's orders, he strikes, but injudiciously, and in order to extricate himself from a supposed difficulty, that will be negligent and careless conduct,...act done in pursuance of the servant's employment" (c). So [ *82 ] if a servant take out his master's cart at the time when it is not wanted *for the... | |
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