Legal Opinion

Avery v. White

Supreme Court of Connecticut

Decided May 10, 1907PublishedCited by 5 opinions

Action to recover damages for cutting and carrying away trees growing on land of the plaintiff, brought to the Superior Court in New London County and tried to the jury befoi’e Reed, J.; verdict and judgment for the plaintiff for $585, and appeal by the defendant.

1Opinion of the CourtThayer, J.

The complaint alleges that the defendant, by his workmen and servants, entered upon the plaintiff’s land and did the cutting complained cf. The defendant complains of the charge of the court because it fails to explain to the jury that act's of a servant beyond the scope of his employment are not the acts of the master, and that the master is not responsible for a trespass or wrongful act of his servant unless such act is done in the execution of the master’s orders or with his assent or approbation. He also complains that the charge fails to explain the distinction between the relation of…

2Cited by5 opinions

  1. Banks v. WatrousSupreme Court of Connecticut · 1948
  2. Kaplan v. Mashkin Freight Lines, Inc.Supreme Court of Connecticut · 1959
  3. Bristol v. PitchardSupreme Court of Connecticut · 1908
  4. Marks v. DorkinSupreme Court of Connecticut · 1926
  5. Avery v. WhiteSupreme Court of Connecticut · 1910

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