Sekator v. Lannon

Supreme Court of Rhode Island

Sekator v. Lannon

58 A. 448, 26 R.I. 125, 1904 R.I. LEXIS 29

DecidedApril 18, 1904

StatusPublished

This text of 58 A. 448 (Sekator v. Lannon) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Sekator v. Lannon, 58 A. 448, 26 R.I. 125, 1904 R.I. LEXIS 29 (R.I. 1904).

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Opinion

Per Curiam.

The action is trespass on the case, and the declaration alleges a violent assault by a servant of the defendant, without cause or provocation, but it does not show that it was done with authority from the master, or within the scope of the servant’s employment.

These facts must appear before the master can be held liable. Mossessian v. Callender, 24 R. I. 168; Howe v. Newmarch; 12 Allen, 49.

Demurrer to the declaration sustained.

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Per Curiam.

The action is trespass on the case, and the declaration alleges a violent assault by a servant of the defendant, without cause or provocation, but it does not show that it was done with authority from the master, or within the scope of the servant’s employment.

These facts must appear before the master can be held liable. Mossessian v. Callender, 24 R. I. 168; Howe v. Newmarch; 12 Allen, 49.

Demurrer to the declaration sustained.

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Bluebook (online)

58 A. 448, 26 R.I. 125, 1904 R.I. LEXIS 29, Counsel Stack Legal Research, https://law.counselstack.com/opinion/sekator-v-lannon-ri-1904.