Hawes v. Knowles
Massachusetts Supreme Judicial Court
Tort for damage caused by the defendant’s servant driving against the plaintiff’s wagon. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered evidence to show that the servant of the defendant, who was driving the defendant’s stage-coach at the time oi the collision, drove against the wagon of the plaintiff wantonly, as well as carelessly and negligently, and sought to enhance the damages on that account.
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Tort for damage caused by the defendant’s servant driving against the plaintiff’s wagon. At the trial in the Superior Court, before Brigham, C. J., the plaintiff offered evidence to show that the servant of the defendant, who was driving the defendant’s stage-coach at the time oi the collision, drove against the wagon of the plaintiff wantonly, as well as carelessly and negligently, and sought to enhance the damages on that account. The defendant requested the court to instruct the jury that he was not liable for any wanton conduct of his servant, but only from his negligence and want of due…
1Opinion of the CourtGray, C. J.
A master is responsible for a wrongful act done by his servant 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 by the mere negligence of the servant, or by a wanton and reckless purpose to accomplish the master’s business in an unlawful manner. Howe v. Newmarch, 12 Allen, 49. Ramsden v. Boston & Albany Railroad Co. 104 Mass. 117.
In an action of tort for a wilful injury to the person, the manner and manifest motive of the wrongful act may be given in evidence as affecting the question of…
2Cases cited2 opinions
- Ramsden v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1870
- Smith v. HolcombMassachusetts Supreme Judicial Court · 1868
3Cited by19 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Pegram v. StortzWest Virginia Supreme Court · 1888
- Levi v. BrooksMassachusetts Supreme Judicial Court · 1877
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Craven v. . BloomingdaleNew York Court of Appeals · 1902
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