From Casetext: Smarter Legal Research

Sekator v. Lannon

Supreme Court of Rhode Island. WASHINGTON
Apr 18, 1904
58 A. 448 (R.I. 1904)

Opinion

April 18, 1904.

PRESENT: Stiness, C.J., Tillinghast and Douglas, JJ.

(1) Pleading. Case and Trespass. Master and Servant. A master can not be held liable for an assault committed by his servant without cause or provocation, and not within the scope of the servant's employment or done with authority from the master.

TRESPASS ON THE CASE. Heard on demurrer to declaration, and demurrer sustained.

F.C. Olney, for plaintiff.

Thos. H. Holton, for defendant.


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 without 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.


Summaries of

Sekator v. Lannon

Supreme Court of Rhode Island. WASHINGTON
Apr 18, 1904
58 A. 448 (R.I. 1904)
Case details for

Sekator v. Lannon

Case Details

Full title:WALTER G. SEKATOR vs. PATRICK LANNON et al

Court:Supreme Court of Rhode Island. WASHINGTON

Date published: Apr 18, 1904

Citations

58 A. 448 (R.I. 1904)
26 R.I. 125

Citing Cases

Benton v. James Hill Mfg. Co.

The declaration does not show either that the assault was committed by authority from the master — the…