Barabasz v. Kabat

Citations

• 86 Md. 23
• 37 A. 720
• 1897 Md. LEXIS 98

Syllabus

<p>Master and Servant—Agency—Liability of Master for Torts of Servant Within the Scope of Employment—Assault and Battery— Arrest Ordered by a Doorkeeper.</p> <p>A master is liable to third persons for the wrongful acts of his servant done within the scope of his employment, although the master did not know of or authorize such acts.</p> <p>Where a master directs his servant—a doorkeeper—not to admit any person to a certain building unless provided with a ticket, but does not expressly or impliedly authorize the servant to cause persons attempting to enter without tickets to be arrested, then the master is liable if the doorkeeper should use an unnecessary degree of violence in preventing the entrance of a person without a ticket. But the master is not liable if the doorkeeper should cause a person so attempting to enter to be arrested by the police who are present and able to determine for themselves whether an arrest would be justifiable or not, because in so doing the doorkeeper is not acting within the scope of his employment.</p> <p>In consequence of scenes of disorder and violence which had occurred in a church, the pastor thereof required that those entering the building upon a certain day should have tickets of admission. Under the circumstances this was a reasonable regulation. On the day in question there was a doorkeeper at the church, appointed by the pastor, with directions from him to admit only persons provided with tickets. A large crowd was about the church and a number of policemen were on duty. The plaintiff’s wife attempted to enter forcibly without a ticket when the doorkeeper pushed her away and she was arrested by a policeman, carried to a police station and detained for some hours. Plaintiff sued the pastor for assault and battery upon his wife and for false imprisonment, whereby he lost her services, etc., and incurred expense for medical treatment. The defendant had not authorized the doorkeeper to cause any arrest to be made. Held,</p> <p>i