Haver v. Central Railroad
Supreme Court of New Jersey
On error to the Hudson County Circuit Court. Tried at the September Term, 1897, before Judge Nevius and a jury. The declaration in this case is in tort.
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On error to the Hudson County Circuit Court. Tried at the September Term, 1897, before Judge Nevius and a jury. The declaration in this case is in tort. It avers that the plaintiff boarded one of the trains of the defendant, the Central Railroad Company, a common carrier for the transportation of passengers and baggage between the city of Elizabeth and Bayonne, and that he did thereupon pay the said defendant his fare for passage; that while a passenger as aforesaid, and traveling in the train of the said company, he was then and there insulted and abused by one Simeon D. Apgar, a…
1Opinion of the Court
The opinion of the court was delivered by
Deptje, J.
A master is liable for the trespass of his servant committed within the scope of his authority, even though in exercising his authority he use unnecessary violence; biit for a trespass committed by the servant willfully, or of his own malice under color of discharging the duties .of *284his employment, or where he has gone beyond the line of his •duty to commit a trespass, the master will not be liable. This rule of law, where the relation of master and servant exists uncontrolled by other circumstances, is well settled. It was so decided by this…
2Cases cited5 opinions
- 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
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Isaacs v. . Third Avenue R.R. Co.New York Court of Appeals · 1871
- Pendleton v. KinsleyU.S. Circuit Court for the District of Rhode Island · 1871
3Cited by13 opinions
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Jackson v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1910
- Chicago, R. I. & P. Ry. Co. v. RadfordSupreme Court of Oklahoma · 1913
- Hayne v. Union Street Railway Co.Massachusetts Supreme Judicial Court · 1905
- Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
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