George v. Gobey
Massachusetts Supreme Judicial Court
Tort to recover the penalty provided by the St. of 1875, c. 99, § 16, for selling intoxicating liquors to Obadiah George, the husband of the plaintiff, within twelve months after written notice by her to the defendant that her husband was in the habit of drinking intoxicating liquors to excess, and requesting the defendant not to sell or deliver such liquors to him. Answer, a general denial.
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Tort to recover the penalty provided by the St. of 1875, c. 99, § 16, for selling intoxicating liquors to Obadiah George, the husband of the plaintiff, within twelve months after written notice by her to the defendant that her husband was in the habit of drinking intoxicating liquors to excess, and requesting the defendant not to sell or deliver such liquors to him. Answer, a general denial. At the trial in the Superior Court, before Pitman, J., without a jury, the plaintiff offered evidence of sales of liquor to her husband, after notice to the defendant, by Hiram Emerson, the bar-keeper of…
1Opinion of the CourtSoule, J.
At common law, the master is responsible for the wrongful acts of his servant done in the execution of the authority given by the master, and for the purpose of performing what the master has directed, whether the wrong done be occasioned *290t>3> the mere negligence of the servant, or by a wanton and reek' less purpose to accomplish the master’s business in an unlawful manner. But if the servant goes outside the scope of his employment, and does a wrongful act, for a purpose of his own, and not in the performance of his master’s business, the master is not responsible for such act. Howe v.…
2Cases cited6 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Hawks v. Inhabitants of CharlemontMassachusetts Supreme Judicial Court · 1871
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Roberge v. BurnhamMassachusetts Supreme Judicial Court · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Guinan v. Famous Players-Lasky Corp.Massachusetts Supreme Judicial Court · 1929
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Axman v. Washington Gaslight Co.Court of Appeals for the D.C. Circuit · 1912
- Commonwealth v. BriantMassachusetts Supreme Judicial Court · 1886
- Banks v. WatrousSupreme Court of Connecticut · 1948
15 more not listed; retrieve them via the Exa API.