Cox, Brainard & Co. v. Keahey
Supreme Court of Alabama
Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstby. This action was brought by George W. Keahey, against Cox., Brainard & Co., to recover $800, as the complaint alleged, “for damages done to plaintiff, by collision with, and running into a raft of spars and staves, belonging to plaintiff', by the steamboat Sallie Carson, the property of defendants, in the month of December, 1857 ; such collision being produced by the negligence, want of care, and…
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Appeal from the City Court of Mobile. Tried before the Hon. Alex. McKinstby. This action was brought by George W. Keahey, against Cox., Brainard & Co., to recover $800, as the complaint alleged, “for damages done to plaintiff, by collision with, and running into a raft of spars and staves, belonging to plaintiff', by the steamboat Sallie Carson, the property of defendants, in the month of December, 1857 ; such collision being produced by the negligence, want of care, and want of skill of the defendants’ servants, then and there having the charge and management of said steamboat.” The…
1Opinion of the CourtStone, J.
In the leading case of McManus v. Crickett, (1 East, 106,) Lord Kenyon reviewed the earlier decisions, and, among other things, declared, that “if I command my servant to distrain, aud he ride on the distress, he shall be punished, not I.” “When a servaut quits sight of the object for which he is employed, and, without having in view his master’s orders, pursues that which his own malice suggests, he no longer acts in pursuance of the authority given him, and his master will not be answerable for such act.”
This case has been regarded as an authority for the following propositions : 1st. When…
2Cases cited13 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Henderson v. RailroadTexas Supreme Court · 1856
- Moore v. SanborneMichigan Supreme Court · 1853
- Kirksey v. JonesSupreme Court of Alabama · 1845
- Vicksburg & Jackson Railroad v. PattonMississippi Supreme Court · 1856
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Southern Bell Telephone Co. v. FrancisSupreme Court of Alabama · 1895
- Bank of Cal. v. W. Union Tel. Co.California Supreme Court · 1877
- Goodloe v. Memphis & Charleston RailroadSupreme Court of Alabama · 1894
- Terry v. BurfordTennessee Supreme Court · 1914
- Case v. HulsebushSupreme Court of Alabama · 1898
6 more not listed; retrieve them via the Exa API.