McClung v. Dearborne
Citations
- 134 Pa. 396
- 19 A. 698
- 1890 Pa. LEXIS 717
Syllabus
<p>[To ]je reported.]</p> <p>1. While not liable for the wilful and independent trespass of his servant, a master is responsible civilly for the manner in which the servant does the work that lie is employed to do, and it is the character of the employment when an act is done, not the private instructions to the servant, by which the master’s liability is to be determined.</p> <p>2. Where a master, claiming ownership of an organ in the possession of another, sent his servants to the house where the organ was, to take possession of it himself, and the servants entered and took the organ by force and violence, the master was liable for their trespass, although in committing it they violated his express instructions.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- trial court rejected the entire testimony of the taxpayer’s witnesses because of substantial differences between their testimony to the court and to the board of tax revisions
Source: CourtListener parenthetical corpus (CC0).
Judges: Clark, Green, Mitchell, Sterrett, Williams
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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