Translate
Text Highlighter

Bookmark

PDF

Share

Report a problem
AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Attorney(S)
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes
Attorney(S)

Dalsey, Appellant, v. Czeiner et ux.

Negligence — Master and servant — Scope of employment — Assault.

1. Where an act of violence by which injury is occasioned is not done in execution of, or as incident to, the authority given a servant, it is the personal act of the servant, and the master is not responsible.

2. Where it appeared that plaintiff and another had taken a bottle of gin from defendants' taproom; that the stolen property had been recovered by defendants' son, who was the bartender in charge of the taproom; and that, outside the premises, after the taproom had closed for business, and after the bottle had been recovered, defendants' son assaulted plaintiff; it was Held that the act of defendants' son was outside the scope of any authority conferred upon him by his parents and defendants were not liable.

Argued October 29, 1943.

PER CURIAM, January 27, 1944:

The judgment of the court below is affirmed on the opinion of Judge FLOOD. To the authorities cited by him may be added Cherillo v. Steinberg, 118 Pa. Super. 485, 180 A. 115, and the cases therein reviewed.

Judgment affirmed.

Use AI to get other relevant cases.

Comments

DALSEY v. CZEINER ET UX
(Jan 27, 1944)