Burke v. Shaw
Mississippi Supreme Court
Appeal from the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. A principal is liable for exemplary damages for the act of his agent or for his negligence in all cases where he would be liable if he himself had done the'act. New Orleans Railroad Go. v. Bailey, 40 Miss. 395. A plaintiff recovers of a defendant where his servant in the course of his business acts recklessly or abuses his authority.
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Appeal from the Circuit Court of Yalobusha County. Hon. J. W. C. Watson, Judge. A principal is liable for exemplary damages for the act of his agent or for his negligence in all cases where he would be liable if he himself had done the'act. New Orleans Railroad Go. v. Bailey, 40 Miss. 395. A plaintiff recovers of a defendant where his servant in the course of his business acts recklessly or abuses his authority. Cooley on Torts, 538 and n. 1. Nor does it excuse the master that the injury occurred through the disobedience of his order. Cooley on Torts, 537. A master is responsible for want of…
1Opinion of the CourtChalmers, C. J.
The plaintiff, a boy of five and a half years of age, who sues by his father as next friend, while running across an unenclosed lot in the town of Water Yalley fell into a heap of hot ashes, mingled with cinders and live coals, and was so badly burned as to be to some extent disabled for life. The ashes had been brought from the neighboring foundry of the defendants John Shaw & Son, and deposited upon the lot without any barrier of any sort being erected around them to guard against sucb accidents as befell the plaintiff in this case. This suit is brought to recover damages for the injuries…
2Cited by7 opinions
- Carter v. StateMississippi Supreme Court · 1945
- State v. WoodruffMississippi Supreme Court · 1933
- Yazoo & Mississippi Valley Railroad v. SchraagMississippi Supreme Court · 1904
- Dodge v. CutrerMississippi Supreme Court · 1912
- Board of Sup'rs v. YoungMississippi Supreme Court · 1930
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