Legal Opinion
Danforth v. Fisher
Supreme Court of New Hampshire
Decided November 4, 1908PublishedCited by 55 opinions
1Opinion of the CourtYoung, J.
1. However it may be in other jurisdictions, in this state the test to determine whether a master is liable to a stranger for the consequences of his servant’s misconduct is to inquire whether the latter was doing what he was employed to do at the time he caused the injury complained of. If he was, the fact that he was not doing it in the way expected is immaterial. Rowell v. Railroad, 68 N. H. 358. But if at the time he did the act which caused the injury he was not acting within the scope of his employment, the master is not liable. Cordner v. Railroad, 72 N. H. 413; Turley v. Railroad, 70…
2Cases cited14 opinions
- Slater v. Advance Thresher Co.Supreme Court of Minnesota · 1906
- Lewis v. AmorousCourt of Appeals of Georgia · 1907
- Reynolds v. BuckSupreme Court of Iowa · 1905
- Stone v. HillsSupreme Court of Connecticut · 1877
- Jones v. HogeWashington Supreme Court · 1907
9 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Aversa v. United StatesCourt of Appeals for the First Circuit · 1996
- Fielder v. DavisonSupreme Court of Georgia · 1913
- Stumpf v. MontgomerySupreme Court of Oklahoma · 1924
- Daily v. MaxwellMissouri Court of Appeals · 1911
- McNeal v. McKainSupreme Court of Oklahoma · 1912
50 more not listed; retrieve them via the Exa API.