Baker v. Kinsey

Citations

• 38 Cal. 631

Syllabus

<p>Master and Servant.—The master is not chargeable with the acts of the servant, unless he acts in the execution of the authority given by the master, and then the act of the servant is the act of the master.</p> <p>Idem. — An action to recover damages for the bite of a vicious dog belonging to the toll-keeper, cannot be maintained against the owner of a bridge, if it appears that the defendant did not keep or harbor the dog in person, and did not authorize or require him to be kept, and did not need that the dog should be kept, for the conduct or protection of the business in which the owner of the dog was employed, or as his assistant as toll-keeper.</p>