Fairbanks v. Boston Storage Warehouse Co.
Massachusetts Supreme Judicial Court
Tort for an assault committed on the plaintiff in the defendant’s warehouse by one Havender, a servant of the defendant. Writ dated January 21, 1899. In the Superior Court Richardson, J. at the close of the plaintiff’s evidence ordered a verdict for the defendant; and the plaintiff alleged exceptions.
1Opinion of the CourtMorton, J.
There was evidence which would have warranted a finding by the jury of an unjustifiable and wanton assault upon the plaintiff by Havender who was the defendant’s servant. But the question is whether the defendant is liable for it. The fact that Havender was in the employ of the defendant at the time when the assault was committed, and that the assault took place upon the defendant’s premises does not necessarily show that the defendant is liable therefor. “ An act done by a servant'while engaged in -his master’s work, but not done as a means or for the purpose of performing that work, is not…
2Cases cited7 opinions
- Plummer v. DillMassachusetts Supreme Judicial Court · 1892
- Carleton v. Franconia Iron & Steel Co.Massachusetts Supreme Judicial Court · 1868
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Fanciullo v. B. G. & S. Theatre Corp.Massachusetts Supreme Judicial Court · 1937
- O'Leary v. FashMassachusetts Supreme Judicial Court · 1923
- Genga v. Director General of RailroadsMassachusetts Supreme Judicial Court · 1922
- Miller v. Federated Department Stores, Inc.Massachusetts Supreme Judicial Court · 1973
- Douglas v. Holyoke Machine Co.Massachusetts Supreme Judicial Court · 1919
14 more not listed; retrieve them via the Exa API.