DALSEY 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.