Walker v. Bolling
Supreme Court of Alabama
ERROR to the Circuit Court of Mobile. Tried before the Hon. JohN Bragg-. Trespass ON the case by Bolling against Walker, to recover damages from tbe defendant as the owner of the steamboat “Olive,” for tbe value of one slave, named Isaac, alleged to bave been killed, and of several others alleged to have been injured, by the explosion of the boilers of said boat; the explosion having occurred, it is alleged, through the negligence of the first engineer of the boat.
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ERROR to the Circuit Court of Mobile. Tried before the Hon. JohN Bragg-. Trespass ON the case by Bolling against Walker, to recover damages from tbe defendant as the owner of the steamboat “Olive,” for tbe value of one slave, named Isaac, alleged to bave been killed, and of several others alleged to have been injured, by the explosion of the boilers of said boat; the explosion having occurred, it is alleged, through the negligence of the first engineer of the boat. The slaves had all been hired by their owner as deck hands on the boat. The proof in the case showed, that Munch, the first…
1Opinion of the Court
GOLDTHWAITE, J.-
A master is liable to third persqns for the misfeasance, negligence or omissions of duty of his servant, acting within the scope of his employment. Story on Agency, § 416; Paley on Agency 224-5. And the rule is based upon principles of public policy, growing out of the general relations which the party who is held responsible occupies to the public, which require every one in the management of his own affairs, whether by himself or agent, so to conduct them as not to injure others. Farewell v. The Boston and Worcester Railroad, 4 Met. 49.
The courts have refused, upon…
2Cases cited2 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Coon v. Syracuse & Utica Rail-RoadNew York Supreme Court · 1849
3Cited by18 opinions
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Eureka Co. v. BassSupreme Court of Alabama · 1886
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Laning v. New York Central RailroadNew York Court of Appeals · 1872
- Cook v. ParhamSupreme Court of Alabama · 1853
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