Tuller v. Voght
Illinois Supreme Court
This was an action of trespass, commenced by Voght in the Greene Circuit Court, and taken, by change of venue, at the instance of Tuller, to Jersey county. The suit was commenced against Tuller, one Alvord, and three others. Tuller and Alvord were the only defendants who were served with- process. They appeared, and pleaded the general issue.
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This was an action of trespass, commenced by Voght in the Greene Circuit Court, and taken, by change of venue, at the instance of Tuller, to Jersey county. The suit was commenced against Tuller, one Alvord, and three others. Tuller and Alvord were the only defendants who were served with- process. They appeared, and pleaded the general issue. At the October term, 1851, of the Jersey Circuit Court, O. C. Skinner,, Judge, presiding, the cause was submitted to a jury, who found the defendant Tuller guilty, and assessed the plaintiff’s damage at §1,000, and the defendant Alvord, not guilty. The…
1Opinion of the CourtCaton, J.
We look upon the rule of the common law as well settled, that the master is not liable for the wilful trespasses of the servant, which are not committed in furtherance of the business of the master. McMorris v. Crickett, 1 East, 106. This principle has already been adopted by this court, in the case of Johnson v. Barber, 5 Gilman, 425. That action was against the master and servant jointly, and the court said, “ If one of the defendants, while engaged in the prosecution of the business of the other, carelessly or negligently set fire to the prairie, or even purposely, with a view to benefit…
2Cited by13 opinions
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- Cox, Brainard & Co. v. KeaheySupreme Court of Alabama · 1860
- People v. ButlerIllinois Supreme Court · 1915
- Oxford v. PeterIllinois Supreme Court · 1862
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