Guille v. Campbell
Supreme Court of Pennsylvania
Appeal, No. 222, Jan. T., 1901, by plaintiffs, from judgment of O. P. No. 8, Phila. Co., March T., 1900, No. 376, on verdict for defendants in case of John FI. Guille and Michael Farren, Guardian of the Estate of Alfred Joseph Guille v. George Campbell and James D. Blackwood, trading as George Campbell & Company. Trespass for personal injuries.
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Appeal, No. 222, Jan. T., 1901, by plaintiffs, from judgment of O. P. No. 8, Phila. Co., March T., 1900, No. 376, on verdict for defendants in case of John FI. Guille and Michael Farren, Guardian of the Estate of Alfred Joseph Guille v. George Campbell and James D. Blackwood, trading as George Campbell & Company. Trespass for personal injuries. Before McMichael, J. At the trial it appeared that the plaintiff, a boy about twelve years old, was injured on December 21, 1898, by an iron hook which was thrown by, or slipped from, the hands of Patrick Fitzgerald, an employee of the defendant. The…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
Where an injury is caused by a servant in the use of means fairly adapted to accomplish the purpose of his employment, the master is responsible. This is true, even though the act of the servant is wrongful, or unauthorized. But where the act of the servant does not fairly tend to effectuate the discharge of the duty, for which he is employed, the master is not liable.
*121In the present case, Fitzgerald, the servant of the appellees, was employed to drag bales of cotton from the sidewalk into the warehouse. A short iron hook was given him for use in handling the…
2Cited by21 opinions
- Brennan v. Merchant & Co.Supreme Court of Pennsylvania · 1903
- Dincher v. Great Atlantic & Pacific Tea Co.Supreme Court of Pennsylvania · 1947
- John v. LococoCourt of Appeals of Kentucky (pre-1976) · 1934
- Chamberlain v. RiddleSuperior Court of Pennsylvania · 1944
- Vadyak v. Lehigh & New England RailroadSupreme Court of Pennsylvania · 1935
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