Peter Anderson & Co. v. Diaz
Supreme Court of Arkansas
Appeal from Independence Circuit Court; Frederick D. Fuekerson, Judge; STATEMENT BY THE COURT. Appellant was a corporation, carrying on a retail liquor business in Batesville, Arkansas. Arthur Anderson was in its employ as bartender.
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Appeal from Independence Circuit Court; Frederick D. Fuekerson, Judge; STATEMENT BY THE COURT. Appellant was a corporation, carrying on a retail liquor business in Batesville, Arkansas. Arthur Anderson was in its employ as bartender. The appellee for his cause of action alleges: “That on the 12th day of January, 1903, the plaintiff was an occupant and patron of the defendant corporation’s place of business in its saloon at Batesville, Arkansas, and that while in the said house he became somewhat intoxicated, and had lain down, and was asleep in said defendant’s house. That while so asleep he…
1Opinion of the Court
Wood, J.,
(after stating the facts.) Was appellant liable?'
The decision in Gage v. Harvey, 66 Ark. 68, shows that there is no statutory liability. The sale of liquor at appellant’s place of business was not the proximate cause of the injury. Nor was appellant liable according to any of the rules of the common law. Black on Intox. Liq. § 281; Cruse v. Aden, 127 Ill. 231; Struble v. Nodwift, 11 Ind. 64.
The cruel act of its agent, Arthur Anderson, was clearly beyond the line of his employinent. The master is not liable for the acts of his servant that are beyond the scope of his employment.…
2Cases cited5 opinions
- Cruse v. AdenIllinois Supreme Court · 1889
- Britton v. Atlanta & Charlotte Air-Line Railway Co.Supreme Court of North Carolina · 1883
- Gage v. HarveySupreme Court of Arkansas · 1898
- Davis v. HoughtellinNebraska Supreme Court · 1891
- Struble v. NodwiftIndiana Supreme Court · 1858
3Cited by20 opinions
- Cunningham v. BrownIllinois Supreme Court · 1961
- Carr v. TurnerSupreme Court of Arkansas · 1965
- McFadden v. Bancroft Hotel Corp.Massachusetts Supreme Judicial Court · 1943
- Peck v. GerberOregon Supreme Court · 1936
- Miller v. MoranAppellate Court of Illinois · 1981
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