Allison v. Western N. C. R. R.

64 N.C. 382

• Court: Supreme Court of North Carolina
• Decided: January 5, 1870
• Status: Published

Opinion

Eeade, J.

To put a Dumber of slaves into a room to ■cook, eat and sleep, -with an open keg of powder under their sleeping bunk, unknown to them, is negligence, and subjects the negligent bailee to damages for any injury to the slaves, by reason of the explosion of the powder.

It is objected, that the bailee did not know of the presence of the powder. The answer is, that his servant, in the regular course of his employment, put it there; and although the bailee had not that “ guilty knowledge” which would subject him to criminal liability, yet, civilly, the act of his ■servant is his act; qm faeit per (Mum, &c.

It makes no difference that the servant was not the immediate servant of the bailee, but was the servant of Contractors, who were the agents of the bailee.

“The owner of a ship appoints the master, and desires the master to select and appoint the crew: thecrewthusbecomeap-pointed the owner, and are his servants for the m anagement and government of the ship, and if any damage happens through their default, it is the same as if it happened through the immediate default of the owner himself:” Broom’s Maxims, 812.

There is no error.

Per Curiam. Judgment affirmed.