Andrus v. Howard
Supreme Court of Vermont
Trespass on the freehold for breaking and entering the plaintiff’s close, and taking and driving away two heifers of the plaintiff. At the September Term, 1862, the plaintiff asked leave to file new counts for the same taking and driving away the heifers mentioned in the original counts, omitting the allegation as to breaking and entering the plaintiff’s close.
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Trespass on the freehold for breaking and entering the plaintiff’s close, and taking and driving away two heifers of the plaintiff. At the September Term, 1862, the plaintiff asked leave to file new counts for the same taking and driving away the heifers mentioned in the original counts, omitting the allegation as to breaking and entering the plaintiff’s close. To this the defendant objected, but the court granted the motion without imposing any terms, and the plaintiff filed such new counts, and the' case was tried on the old and new counts under the plea of not guilty and notice. To this…
1Opinion of the CourtAldis, J.
The court charged the jury that the defendant’s son in driving off the plaintiff’s cattle in the manner .stated in the bill of exceptions, was so far in the business for which his father sent him, that his father (the defendant) was liable for his acts the same as if he (the defendant) had done them in person.
The master is not liable for the wilful wrong or trespass of the servant, though the act be done while employed in the business of his master. It is not claimed, and there was no evidence tending to show that the act here complained of was the wilful act of the servant. The case shows…
2Cases cited1 opinion
- May v. BlissSupreme Court of Vermont · 1850
3Cited by6 opinions
- Vredenburg v. BehanSupreme Court of Louisiana · 1881
- Ploof v. PutnamSupreme Court of Vermont · 1910
- St. Johnsbury & Lake Champlain R. R. v. HuntSupreme Court of Vermont · 1882
- Jewett v. PudloSupreme Court of Vermont · 1934
- Parker Et Ux. v. ConeSupreme Court of Vermont · 1933
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