Southwick v. Estes

Massachusetts Supreme Judicial Court

Southwick v. Estes

61 Mass. 385

CourtMassachusetts Supreme Judicial Court

DecidedSeptember 15, 1851

StatusPublished

This text of 61 Mass. 385 (Southwick v. Estes) is published on Counsel Stack Legal Research, covering Massachusetts Supreme Judicial Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Southwick v. Estes, 61 Mass. 385 (Mass. 1851).

Pincite

Opinion

Shaw, C. J.

The distinction between the liability of the master, for the negligent acts of his servants, and that resulting from their wilful and designed tortious acts, appears to have been carefully made and correctly stated in- the charge of the judge. McManus v. Crickett, 1 East, 106. A servant may do great damage to another person, in the negligent and careless performance of his master’s service, though against the master’s will and contrary to his orders; yet this is a ground of action against the master. [14 How. 468.]

Judgment on the verdict.

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Shaw, C. J.

The distinction between the liability of the master, for the negligent acts of his servants, and that resulting from their wilful and designed tortious acts, appears to have been carefully made and correctly stated in- the charge of the judge. McManus v. Crickett, 1 East, 106. A servant may do great damage to another person, in the negligent and careless performance of his master’s service, though against the master’s will and contrary to his orders; yet this is a ground of action against the master. [14 How. 468.]

Judgment on the verdict.

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Bluebook (online)

61 Mass. 385, Counsel Stack Legal Research, https://law.counselstack.com/opinion/southwick-v-estes-mass-1851.

Opinion

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