Holler v. P. Sanford Ross, Inc.
Supreme Court of New Jersey
On error to the Hudson Circuit Court. On the night of January 16th, 1900, the plaintiff was shot in the face and back by the servant of the defendant. One of the results of the shooting was the loss of the plaintiff’s eye. The defendant was the owner of certain personal property stored upon a wharf, called by the witness a dock, which is situate upon the Jersey side of the Hudson river, near Eort Lee. The shooting occurred at about six o’clock in the evening. It was dark.
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On error to the Hudson Circuit Court. On the night of January 16th, 1900, the plaintiff was shot in the face and back by the servant of the defendant. One of the results of the shooting was the loss of the plaintiff’s eye. The defendant was the owner of certain personal property stored upon a wharf, called by the witness a dock, which is situate upon the Jersey side of the Hudson river, near Eort Lee. The shooting occurred at about six o’clock in the evening. It was dark. The defendant did not own the wharf, and its personal property was only upon a part of the property. The servant, was…
1Opinion of the Court
*327The opinion of the court was delivered by
Fort, J.
There is but one question in this case, viz., is the defendant liable for the injuries done to the plaintiff by its servant, under the facts set out at the head of this opinion ?
In an action of tort, in the nature of an action on the case, Judge Hoar says the rule is that “the master is not responsible if the wrong done by the servant is done without his authority, and not for the purpose of executing his orders or doing his work.” Howe v. Newmarch, 12 Allen 49, 57.
The servant in this case was not employed to protect the wharf, but the personal…
2Cases cited8 opinions
- Mott v. . Consumers' Ice CompanyNew York Court of Appeals · 1878
- Dillingham v. RussellTexas Supreme Court · 1889
- Moore v. SanborneMichigan Supreme Court · 1853
- Golden v. NewbrandSupreme Court of Iowa · 1879
- New Orleans, Jackson & Great Northern Railroad v. HarrisonMississippi Supreme Court · 1873
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3Cited by17 opinions
- Penas v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1910
- King v. PatrylowNew Jersey Superior Court Appellate Division · 1951
- Terry v. BurfordTennessee Supreme Court · 1914
- Cook v. Michigan Central RailroadMichigan Supreme Court · 1915
- Gindin v. BaronNew Jersey Superior Court Appellate Division · 1951
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