Legal Opinion

Biddle v. Haldas Brothers, Inc.

Superior Court of Delaware

Decided January 26, 1937No. Summons Cases Nos. 140 & 143PublishedCited by 15 opinions

1Opinion of the Court

Layton, C. J.:

A non-suit as to Delamore Dairy, Inc. must be directed.

Where the relation of master and servant exists, the master is responsible to third persons for the damage caused by the wrongful acts or omissions of his servants in the course of their employment as such. The master is liable, also, for the negligence of one whom his servant employs, by his authority, to aid such servant in the master’s business. The rule, though severe, is based upon necessity. Again, it is well settled that such authority need not be express, but may be implied from the nature of the business. But it is…

2Cases cited36 opinions

  1. Sweeney v. ErvingSupreme Court of the United States · 1913
  2. Stewart v. Carpet Co.Supreme Court of North Carolina · 1905
  3. Glowacki v. North Western Ohio Ry. & Power Co.Ohio Supreme Court · 1927
  4. Zahniser v. Pennsylvania Torpedo Co.Supreme Court of Pennsylvania · 1899
  5. Althorf v. . WolfeNew York Court of Appeals · 1860

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3Cited by15 opinions

  1. Mechell v. PalmerSupreme Court of Delaware · 1975
  2. Delaware Coach Co. v. ReynoldsSupreme Court of Delaware · 1950
  3. McGuire v. McCollumSuperior Court of Delaware · 1955
  4. Wenninger v. United StatesDistrict Court, D. Delaware · 1964
  5. Fritz v. E. I. duPont De Nemours & Co.Superior Court of Delaware · 1950

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