McDermott v. American Brewing Co.

Citations

• 105 La. 124

Syllabus

<p>Syllabus.</p> <p>Plaintiff seeks to hold defendant liable in damages for a violent assault and battery suffered by him at the hands of its (defendant’s) employe, who was a driver of defendant’s wagon and who sold and distributed the product of its factory to its customers. Plaintiff’s employer was one o'f defendant’s cash customers, to whom the driver, was to deliver beer for cash. The driver delivered beer to him and did not require the cash. The day after the sale, he called for the price and, as it was not paid, he sought to take matters in his own hands and resorted to violence. The agreement between the driver of the wagon and the defendant was that cash would be required and brought back to the factory for the beer in his charge for sale and if he failed to return either the cash or the beer, he would be made to pay his employer by deducting the price from his salary.</p> <p>By the effect of the agreement under which the driver was employed, in collecting the cash at a different time and in a different manner than he was instructed to do, the employer was not made liable for the violent assault. If a servant goes outside of his employment, acting with malice and causing damage, the master is not liable.</p>