Ward v. Young
Supreme Court of Arkansas
APPEAL from Pulaski Circuit Court. Hon. P. T. YausraN, Circuit Judge. The relation of master and servant can not exist between the lessee of the penitentiary and a convict. A convict is. not a servant in any legal sense. A servant must be an agent, and have discretionary power, which is inconsistent with his status as a prisoner. A convict is not the em-ployé of the keeper. The rule respondeat superior can not apply. TPboc/’d Master and Servant, p.
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APPEAL from Pulaski Circuit Court. Hon. P. T. YausraN, Circuit Judge. The relation of master and servant can not exist between the lessee of the penitentiary and a convict. A convict is. not a servant in any legal sense. A servant must be an agent, and have discretionary power, which is inconsistent with his status as a prisoner. A convict is not the em-ployé of the keeper. The rule respondeat superior can not apply. TPboc/’d Master and Servant, p. Jh see. 4; Wait’s-Actions and Defenses, p. 807, secs. 1-2. The injury was not in the scope of the convict’s agency. It was not done in pursuance…
1Opinion of the CourtSmith, J.
The complaint alleges that Ward was lessee of the State penitentiary, and as such had charge of all the convicts, among whom was one John Hawkins, of an abandoned and malicious disposition. That on the twenty-sixth day of July,1882, Ward permittedsaidconvict togo at large as a “trusty,” without any guard. That Ward made him Ms agent and servant, and placed him in charge of one of defendant’s places, near plaintiff’s residence, with orders to take care of his said place, including defendant’s orchard thereon, and mules; with orders, furthermore, to keep out all trespassers on said place, and…
2Cases cited2 opinions
- Northwestern Railroad v. HackIllinois Supreme Court · 1872
- Barden v. FelchMassachusetts Supreme Judicial Court · 1872
3Cited by10 opinions
- Railway Co. v. HackettSupreme Court of Arkansas · 1894
- St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
- Davis v. Fulton County, Ark.District Court, E.D. Arkansas · 1995
- Brooks v. Bale Chevrolet Company, Inc.Supreme Court of Arkansas · 1939
- Milum v. ClarkSupreme Court of Arkansas · 1956
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