Taillon v. Mears
Montana Supreme Court
Appeal from District Court, Fergus County; Dudley Du Bose, Judge. ActioN by Dumas Taillon against J. L. Meaxs and the Judith Stage Company. From an order denying a new trial, defendants appeal. The master is not liable for the acts of the servant which are not done in fhe course of his employment. (Walker v. U. & St. J. By. Co., 121 Mo. 584; Shearman & Redfield on Negligence, See. 148; Walton v. N. Y. Cent.
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Appeal from District Court, Fergus County; Dudley Du Bose, Judge. ActioN by Dumas Taillon against J. L. Meaxs and the Judith Stage Company. From an order denying a new trial, defendants appeal. The master is not liable for the acts of the servant which are not done in fhe course of his employment. (Walker v. U. & St. J. By. Co., 121 Mo. 584; Shearman & Redfield on Negligence, See. 148; Walton v. N. Y. Cent. Sleeping Car Co., 139 Mass. 556; Smith v. Spitz, 156 Mass. 319; DriscolV'v. Scanlon, 165 Mass. 348; Searle v. Darke, 34 Atl. 744; Smith v. N. Y. Cent. By. Co., 78 Hun. 524; Wyllie v.…
1Opinion of the Court
MRl COMMISSIONER; CLAYBERG
prepared tbe opinion for tbe court.
This is an action brought by tbe plaintiff to< recover damages against tbe proprietor of a stage line for a personal injury alleged to bave been received by plaintiff while a passenger bn tbe ■ stage, caused by tbe neghgence of tbe defendant.
*166The allegations of negligence are as follows: “That at the stage station known as 'Campbell’s/ on said road, the defend: ant took with said stagecoach an extra horse, not necessary or nsed to draw said stagecoach, and carelessly and negligently tied, the said extra horse beside one of the horses…
2Cases cited29 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Dillingham v. RussellTexas Supreme Court · 1889
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- Lovejoy v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1915
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