 | Frederick Pollock - Torts - 1890 - 694 pages
...some purpose of his own, wantonly strike the horses of another person, . . . the master will not be liable. But if, in order to perform his master's orders,...act done in pursuance of the servant's employment" (q). Whether the servant is really bent on his master's affairs Departure or not is a question of fact,... | |
 | Frederick Pollock - Torts - 1894 - 842 pages
...some purpose of his own, wantonly strike the horses of another person, . . . the master will not be liable. But if, in order to perform his master's orders,...act done in pursuance of the servant's employment " (q). (p) Maale .!,, Mitchell v. CratsieeOer (?) Croft v. Alison (1821). 4 B. A A. £90. (1853), 13... | |
 | Thomas Beven - Negligence - 1895 - 1072 pages
...own, wantonly strike the horses of another person and produce the accident, the master will not be liable. But if, in order to perform his master's orders,...act done in pursuance of the servant's employment." The opinion of two other judges on the same point must not be passed over. Patteson, J., in Lyons v.... | |
 | Electronic journals - 1895 - 856 pages
...his own, wantonly strike the horses of another person and produce an accident, the master will not be liable. But, if, in order to perform his master's...act done in pursuance of the servant's employment." The case showed that the defendant's servant had wilfully struck the plaintiff's horses, when driving... | |
 | Frederick Pollock - Torts - 1895 - 718 pages
...(r) Maule J., Mitchell v. Craei- CP 100. the horses of another person, . . . the master will not be liable. But if, in order to perform his master's orders,...negligent and careless conduct, for which the master will bo liable, being an act done in pursuance of the servant's employment" (s). Departure Whether the servant... | |
 | Eugene Wambaugh - Agency (Law) - 1896 - 1100 pages
...wantonl}- strikes the horse of another person and therein- produces an accident, the master is not liable. But if, in order to perform his master's orders,...act done in pursuance of the servant's employment." In the case of Lyons v. Martin, 8 A. &. E. 515, Mr. Justice Patteson, in his judgment, says, " Brucker... | |
 | Railroad law - 1902 - 1024 pages
...own, wantonly strike the horses of another person and produce the accident, the master will not be liable. But if, in order to perform his master's orders,...act done in pursuance of the servant's employment." In that case the act of the servant in striking the horses was intentional, but, as it was "injudiciously"... | |
 | Ratanlal Ranchhoddas, Dhirajlal Keshavlal Thakore - Torts - 1905 - 622 pages
...own, toanton'y strikes the horses of another person, and produce the accident, the master will not be •liable. But if, in order to perform his master's...act -done in pursuance of the servant's employment " (Graft v. Aliton, 4 B. fc A. -690). Where defendant's general manager was possessed of a horse and... | |
 | Law reports, digests, etc - 1905 - 1016 pages
...another person, and produces the accident, the master will not be liable, but If in order to perform the master's orders he strikes, but Injudiciously and...which the master will be liable, being an act done in performance of the servant's employment. Croft v. Alison (1821) 4 Barn. & Aid. 690. Willfulness to... | |
 | Law reports, digests, etc - 1907 - 1318 pages
...another person, and produce the accident, the master will not he liable. But if, in order to perform the master's orders, he strikes, but injudiciously, and in order to extricate himself from a difficulty, . . . the master will be liable; being an act done in pursuance of the servant's employment." In the... | |
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Alison (a) it was laid down that " the distincGKEENWOOD. 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. But... 
