Rhodes v. Roberts
Supreme Court of Alabama
Trespass vi et armis by Roberts against Rhodes, in the Circuit Court of Dallas county. The declaration charged that the defendant, being master and commander of the steamboat Elizabeth, shot and discharged the steamboat gun from off the same to and against the plaintiff, bv which he was wounded, and for a long time prevented from attending to his necessary business, and forced to expend a large sum of money in endeavoring tobe cured, &c.
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Trespass vi et armis by Roberts against Rhodes, in the Circuit Court of Dallas county. The declaration charged that the defendant, being master and commander of the steamboat Elizabeth, shot and discharged the steamboat gun from off the same to and against the plaintiff, bv which he was wounded, and for a long time prevented from attending to his necessary business, and forced to expend a large sum of money in endeavoring tobe cured, &c. Another , ;ount charged the defendant with having caused the gun to be shot off and discharg< d; ancj another count charged that he assaulted the plaintiff…
1Opinion of the Court
JUDGE WHITE
delivered the opinion of the Court
As to the form of action for the injury charged, whenever the injury is direct and immediate, whether it proceed from design or negligence, trespass will lie. But where the injury is merely consequential, the remedy must be by action on the case. For the act of a servant, or one in the employment of another, although the servant mav be liable in trespass, the master is not liable in that form of action unless present, directing, advising or en-com aging the act; but if he is present when the act which produces the injuiy is done by the servant,and…
2Cited by11 opinions
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- Strozier v. MarchichSupreme Court of Alabama · 1980
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