Mansfield v. William J. Burns International Detective Agency

Citations

• 102 Kan. 687
• 171 P. 625
• 1918 Kan. LEXIS 120

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Master and Servant — Tortiotis Acts of Servant — Liability of Principal. A master or principal is responsible for the tortious acts of his servant or agent where such acts are incidental to and done in furtherance of the business of the master or principal, even if such acts are done willfully or in excess of the authority conferred.</p> <p>2. Same — Agent of Detective Agency — Assaulting Suspected Criminal— Extorting Confession. Where one representing a detective agency is authorized to obtain a confession -from a suspect, and in executing that authority commits an assault and battery upon the subject, the principal is responsible for the manner of the agent in the execution of the authority and fo-r the wrong of the agent in selecting the means by which the authority was executed.</p> <p>3. Assault — Damages—Trial—Counsel Reading Magazine to Jury. The reading of a short article from a magazine in the course of the argument of counsel, which was- argumentative and illustrative in character, condemning such methods as were employed by the agent of the defendant in the present case and containing statements which would have been unobjectionable if they had been original with counsel, is held not to he a ground of prejudicial error.</p>