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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... "
The Law of Pleading and Evidence in Civil Actions: Arranged Alphabetically ... - Page 407
by John Simcoe Saunders - 1831
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Richardson's Commercial Law: A Text-book for Schools, Colleges and Private ...

William Payson Richardson - Commercial law - 1907 - 204 pages
...is not liable, though if, intending to execute his master's orders, he strike, but injudiciously and to extricate himself from a difficulty, that will be negligent and careless condu' t, for which the master will be liable." Suppose a conductor of a street car in ejecting a passenger...
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The American and English Railroad Cases: A Collection of All Cases ...

Railroad law - 1908 - 860 pages
...another person, and produce the accident, the master will not be 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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The Revised Reports: Being a Republication of Such Cases in the ..., Volume 123

Frederick Pollock, Robert Campbell, Oliver Augustus Saunders, Arthur Beresford Cane, Joseph Gerald Pease, William Bowstead - Law reports, digests, etc - 1911 - 1020 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,...himself from a difficulty, that will be negligent and cureless conduct for which the master will be liable, being an act done in pursuance of the servant's...
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Cases on the Law of Agency

George Louis Reinhard - Agency (Law) - 1911 - 852 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 he strikes out injudiciously, and in order to extricate himself from a difficulty, that will be negligent and...
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Cases on Torts: With Abstracts of Lectures Upon Several Torts

Charles Albert Keigwin - Torts - 1915 - 584 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 orders,...act done in pursuance of the servant's employment. Quarman vs. Burnett, 6 M. & W. 499. Exchequer (1840V The case is thus stated by Mr. Shirley in his...
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The Law of Torts: A Treatise on the Principles of Obligations Arising from ...

Frederick Pollock - Torts - 1916 - 780 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,...and careless conduct, for which the master will be («) Maule, J., Mitchell v. Craszweller (18S3) 13 CB 237, 22 LJCP 100, 93 RR 517. liable, being an...
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Rowe's Commercial Law

William Payson Richardson - Commercial law - 1917 - 396 pages
...is not liable, though if intending to execute his master's orders, he strike, but injudiciously and to extricate himself from, a difficulty, that will...careless conduct, for which the master will be liable." Suppose a conductor of a street car, in ejecting a passenger because he would not pay his fare, strikes...
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Cases on Torts: With Abstracts of Lectures Upon Several Torts

Charles Albert Keigwin - Torts - 1920 - 562 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 orders, he strikes, but iiijudicimisly, ami in order to extricate himself from a difficulty, that will be negligent and careless...
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The South Western Reporter, Volume 255

Law reports, digests, etc - 1924 - 1210 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'...
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Cases on the Law of Agency: Selected and Arranged

Edwin Roulette Keedy - Agency (Law) - 1924 - 862 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,...which the master will be lia*ble, being an act done in purusuance of the servant's employment." (Williams, J. — If a driver in a moment of passion vindictively...
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