Rosenzweig & Sons, Jewelers, Inc. v. Jones

BOSS, J.,

Concurring. — I concur in the opinion of Justice LOCKWOOD, but feel that it goes too far and unnecessarily announces a rule that is unsound and if unchallenged might become fixed law in this state and defeat many righteous causes.

I do not think that, where the master is sued with his servant on the theory of respondeat superior for damages for the negligence of the servant, a verdict finding the issues against the master only is or should be treated as a finding that the servant was not negligent. It must be admitted that if there was a tort committed by the defendants against the…