Smith v. Foran
Supreme Court of Connecticut
Trespass on the case for an injury to property in the hands of the plaintiffs as common carriers, by the negligence of the defendant, who was their servant; brought to the City Court of the city of Meriden.
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Trespass on the case for an injury to property in the hands of the plaintiffs as common carriers, by the negligence of the defendant, who was their servant; brought to the City Court of the city of Meriden. The declaration contained three counts, the first and second of which chai'ged the defendant as bailee of a certain piano which the plaintiffs had delivered to him for safe keeping and to be transported from Meriden to Middletown, and which had, hy his negligence, become injured. The third count alleged that the plaintiffs were common carriers, and that'on the 15th day of May, 1872, they…
1Opinion of the CourtPark, C. J.
If the plaintiffs in this case had been the owners of the piano, which was injured through the carelessness of the defendant, it would be clear that the defendant would be liable to them for the amount of the damage done to the property; for a hired servant is as much bound to exercise reasonable care not to injure the property of his employer while engaged in his service, as he is to exercise such care in relation to the property of other persons. There is nothing implied in the contract of employment which absolves him from such responsibility, but on the contrary the implication is that he…
2Cited by32 opinions
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- George's Radio, Inc. v. Capital Transit Co.Court of Appeals for the D.C. Circuit · 1942
- Alvarez v. New Haven Register, Inc.Supreme Court of Connecticut · 1999
- Emmert v. ThompsonSupreme Court of Minnesota · 1892
- Kampmann v. RothwellTexas Supreme Court · 1908
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