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" If a servant driving a carriage, in order to effect 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, he strikes but injudiciously, and in order... "
The Revised Reports: Being a Republication of Such Cases in the English ... - Page 643
redigeeritud poolt - 1912
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An Essay on the Law of Bailments

William Jones - 1828 - 328 lehte
...some purpose of h» own, " wantonly strikes the horses of another person, and produce the ac"ci" dent, the master will not be liable. But if, in order to...injudiciously, and in order to extricate " himself from the difficulty, that will be negligent and careless con" duct, for which the master will be liable,...
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The Justice of the Peace and Parish Officer, 5. köide

Richard Burn - 1831 - 1094 lehte
...his servant acting in his employ. M'MoJttu v. Crifkett, 1 East, 106; Comyn's Rep. 469; 3 Wits 317. If a servant driving a carriage, in order to effect...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,...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., 1. köide

John Simcoe Saunders - 1831 - 598 lehte
...proprietors. But, if a servant wilfully commit an injury, the master is not liable : 1 East, 106. " Therefore, if a servant driving a carriage, in 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...
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A Practical and Elementary Abridgment of the Cases Argued and ..., 12. köide

Charles Petersdorff - 1831 - 598 lehte
...he would plaintiffs. On motion to set it aside, Per Cur. If a servant driving a 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 will not be liable; but if, in order...
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The Justice of the Peace and Parish Officer, 5. köide

Richard Burn - 1837 - 1196 lehte
...acting in his employ. (UPManut v. Cricked, 1 East, 106; Comyn'i Rep. 469; Sandertmr. Baker, 3 Witt. 317. If a servant driving a carriage, in order to effect...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,...
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A Treatise on the Parties to Actions, and on Pleading: With Second ..., 1. köide

Joseph Chitty, Thomas Chitty - 1837 - 860 lehte
...ride or beat a distress taken damage feaeant (p). The rule was thus explained in a recent case : " if a servant driving a carriage, in order to effect some purpose of his own, wantonly strikes the horses of another person, and produce the accident, his master will not be liable. But...
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The Law of Nisi Prius, Evidence in Civil Actions, and Arbitration ..., 3. köide

Archibald John Stephens - 1842 - 998 lehte
...master's carriage against another, done without the direction or '"-'"ant. assent of the master. (4) If a servant driving a carriage, in order to effect...produce the accident, the master will not be liable (5) ; nor will he be liable if the servant nse the carriage for his own purpose, and without his master's...
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The Law of Pleading and Evidence in Civil Actions: Arranged ..., 1. köide

John Simcoe Saunders - 1844 - 594 lehte
...proprietors. But, if a servant wilfully commit an injury, the master is not liable : 1 East, 106. " Therefore, if a servant driving a carriage, in order to effect...of his own, wantonly strike the horses of another, the master is not liable ; but, if, in order to perform his master's orders, he strikes, but injudiciously,...
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A New Abridgment of the Law with Large Additions and Corrections, 6. köide

Matthew Bacon, Sir Henry Gwilliam, Charles Edward Dodd - 1846 - 890 lehte
...||In the last case in the text, there was no wilful misconduct in the servant ; but if a servant in driving a carriage, in order to effect some purpose...wantonly strike the horses of another person, and produce an accident, the master is not liable ; and it is a question for the jury, whether the mischief arose...
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A Treatise on the Law of Principal and Agent: Chiefly with Reference to ...

William Paley - 1847 - 732 lehte
...master, the latter was not held liable.(S) And in a similar case the distinction was thus stated : If a servant driving a carriage, in order to effect...order to perform his master's orders, he strikes, hut injudiciously and to extricate himself from a difficulty, that will be negligent and careless conduct...
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