.... 319 (N.D.Ind. 1966); cases cited at 53 Am.Jur.2d Master and Servant § 422 (1970). Here there was no allegation of any tort committed by the guard other than malicious... TEXAS SKAGGS, INC., A FOREIGN CORPORATION, AND TEXAS ALBERTSONS, INC., A FOREIGN CORPORATION, APPELLANTS, v. PATRICIA S. JOANNIDES AND MINAS JOANNIDES, M.D., HER.... John W. Williams, J. Scott Brasfield and Jeffrey R. Fuller of Williams, Brasfield Wertz, St. Petersburg, for appellants. John M. Edman of Meros, Coit, Edman, Meros Smith, St...

...liability would otherwise exist. 53 Am. Jur.2d Master and Servant 422 at 437 (1970). Defendant argues that plaintiff Cornatzer's claim for...appellee. 1. Master and Servant 87.1; Torts 1; Trespass 2 — intentional infliction of emotional distress — actions not...of the Workers' Compensation Act, N.C.G.S. 97-10.1. 2. Master and Servant 34.2; Torts 1; Trespass 2 — intentional infliction of emotional distress — employer's ratification of...

...(1957). See generally 53 Am.Jur.2d, Master and Servant, § 422 (1970); 57 C.J.S. Master and Servant § 559 (1948...law doctrine of respondeat superior and within Section 228 of the Restatement Second of Agency. He stated that he did not see any purpose to serve the master and, further, that there was nothing...employment standard, concededly imprecise, is a formula designed to delineate generally which unauthorized acts of the servant can be charged to the master. Id. Furthermore, the standard...

.... Nationwide, there is a split of authority on whether an employer can be liable to a third person for negligently hiring an employee. (53 Am.Jur.2d, Master and Servant, § 422, p.... ( Ibid.; see 53 Am.Jur.2d. Master and Servant, § 422, pp. 436-437.) The summary judgment evidence viewed most liberally to Evan shows the following. Hughson Church hired... EVAN F., a Minor, etc., et al., Plaintiffs and Appellants, v. HUGHSON UNITED METHODIST CHURCH et al., Defendants and Respondents. Docket No...

...analyzed separately from liability for negligent failure to hire more employees); 53 Am. Jur.2d, Master and Servant 422, pp. 437-38 (theory of independent negligence becomes important where employee's act...superior liability and alleged: "At all times mentioned herein, Steven Jones was acting as an employee or servant of the Commissioner of Mental Retardation...he was acting to further his employer's interest. "`In the course of employment" means while engaged in the service of the master, and it is not synonymous with the phrase "during...

...." Scott v. Blanchet High Sch., 50 Wn. App. 37, 43, 747 P.2d 1124 (1987) (quoting 53 Am. Jur. 2d Master and Servant § 422 (1970...upon the premises in possession of the master or upon which the servant is privileged to enter only as his servant, or (ii) is using a chattel of the master, and... (b) the master (i) knows or has reason to know that he has the ability to control his servant, and...

..., 43, 747 P.2d 1124 (1987) (quoting 53 Am.Jur.2d Master and Servant § 422 (1970)), review denied, 110 Wn.2d 1016...to enter only as his servant, or (ii) is using a chattel of the master, and (b) the master...bodily harm to them, if (a) the servant (i) is upon the premises in possession of the master or upon which the servant is privileged...

..., 747 P.2d 1124 (1987) (quoting 53 Am. Jur.2d Master and Servant § 422 (1970)), review denied, 110 Wn.2d 1016 (1988...road and, after both vehicles had stopped, assaulted the plaintiff with a pipe. The Kuehn court observed that, when a servant "steps aside from the master's business in order to effect some.... ALLEN, WASHINGTON PRACTICE: TORT LAW AND PRACTICE §§ 3.2, 3.3, at 82-84 (2d ed. 2000) (quoting RESTATEMENT (SECOND) OF AGENCY § 220(1) (1958) ("`[a] servant is a person employed to perform services in the...

...criminal deliberate acts by its employees. Am Jur 2d, Master and Servant 422, 458-459. Security guard company's liability for negligent hiring...the guards were not acting within the scope of their employment and in furtherance of defendant's business when the criminal acts occurred. Am Jur 2d, Master and Servant 417, 424.... Am Jur 2d, Master and Servant 404. This is a civil action arising out of a contractual relationship in...

...Master and Servant § 422 (1970): an employer may be liable to a third person for the employer's negligence in hiring or retaining a servant who is...some negligent or other wrongful act of the employee so hired. (Footnotes omitted.) See also 57 C.J.S. Master and Servant § 559 (1948); Restatement...of action. See Focke v. United States, 597 F. Supp. 1325, 1348 (D. Kan. 1982); 57 C.J.S. Master and Servant § 560 (1948...

.... Our courts have followed a similar rule in the closely analogous area of master and servant. A master who negligently selects a careless or incompetent servant is independently liable in tort to third persons who suffer injury as a result of the negligent selection. Colwell v. Oatman, 32 Colo. App. 171, 510 P.2d 464. See 53 Am. Jur. 2d Master and Servant § 422. This... 2. MASTER AND SERVANT — Employer — Duty — Reasonable Care — Choice of Contractor. As a general rule, the employer has a duty to use reasonable care to choose a contractor who is...contractor to do the pipe salvage work. 7. MASTER AND SERVANT — Independent Contractor — Pipe Salvage Work — Sole and Exclusive Control...

...in hiring Watson, for in such instance T F would be liable on the theory of respondeat superior. In 53 Am. Jur.2 d Master and Servant, § 422 at 437, it is said... MIRIAM BENNETT AND CHARLES BENNETT, PLAINTIFFS-RESPONDENTS, v. T F DISTRIBUTING CO., OTHERWISE KNOWN AS KIRBY SALES SERVICE, INC., DEFENDANT-APPELLANT, AND KIRBY VACUUM...CORP., THE CITY OF NEPTUNE AND THE SCOTT AND FETZER CO., DEFENDANTS-RESPONDENTS. Superior Court of New Jersey, Appellate Division. Argued November...

...employee. (See 53 Am.Jur.2d Master and Servant § 422 (1970).) Illinois, therefore, appears to follow the majority rule. • 1 In the instant case there is no contention that the...hiring. It has been applied, with limitations, in the master-servant relationship. More commonly, it has been applied in cases of independent contractors or where a special statutory situation existed.... The principal case dealing with the master-servant relationship is Tatham v. Wabash R.R. Co. (1952), 412 Ill. 568...

..., 291 N.Y.S. 2d 372, 238 N.E.2d 759; 53 Am.Jur.2d Master and Servant § 422 (1970); 22...awarded against a master or other principal because of an act by an agent if, but only if: (a) the principal authorized the doing and the manner of the act, or.... Sandman, Levy Moltz, of Chicago (Kerry L. Kessler, of counsel), for appellants. Jesmer and Harris, of Chicago (Julius Jesmer and Charles E. Tannen, of counsel), for appellees...

...authority among a number of jurisdictions as to whether such a tort is recognized, See 53 Am.Jur.2d Master and Servant § 422 (1970), and the Arizona cases themselves cast some doubt on the...the time of his unsuitability. 53 Am.Jur.2d Master and Servant § 422 at p. 438. (emphasis added). The judgment of the trial court is...agent or of master and servant. It is a special application of the general rules stated in the Restatement of Torts. . . . Liability exists only if all the requirements of an action of tort for negligence...

...is no liability on the part of the employer, however inexperienced, incompetent, and unfit the employee may have been for his task." 53 AM.JUR.2d Master and Servant § 422 at 435. Other courts...., Dept. of Justice, Robert S. Greenspan, Asst. Director, and Jacob M. Lewis, Atty., Appellate Staff, Dept. of Justice, Washington, DC, for appellant. Larry A. Campagna and Robert I..., JOLLY, HIGGINBOTHAM, DAVIS, JONES, SMITH, DUHE, WIENER, BARKSDALE, EMILIO M. GARZA and DeMOSS, Circuit Judges...

...proper servant). See generally, 6 Am.Jur.2d, Assault Battery § 134, pp. 113-114; 53 Am.Jur.2d, Master and Servant § 422, pp. 435-38; 57 C.J.S. Master and Servant § 559, pp. 270-77. Count I... LINDA DIANE BUTLER, A MINOR, BY AND THROUGH FRIEDA J. BUTLER, HER MOTHER AND NEXT FRIEND, CARL BUTLER AND FRIEDA J. BUTLER, PLAINTIFFS-APPELLANTS, v. CIRCULUS, INC.... MILTON A. SAITZ, Special Judge. Plaintiffs Linda Diane Butler (a minor who filed suit by and...

...negligence of an employer in selecting, retaining or supervising employees is an independent basis for the employer's liability to third-parties. See, 53 Am.Jur.2d, Master and Servant, § 422, p. 435, and...persons by its servants when the master was guilty of selecting a servant incompetent or otherwise unfit to perform the services for which he was employed. 57 C.J.S. Master and Servant, S 559...). Professors Prosser and Keeton write that a master "may, of course, be liable on the basis of any negligence of his own in selecting or...