Queen v. Schwann

Citations

• 119 La. 495
• 44 So. 276
• 1907 La. LEXIS 514

Syllabus

<p>Master and Servant — Torts oe Servant-Liability oe Master.</p> <p>Plaintiff, an overseer on a sugar plantation, got into a difficulty with a laborer in the fields, and was shot in the arm. Plaintiff sued the common master for damages, alleging that the servant, a man of bad character, after having been discharged by the overseer, was re-employed by the master, and that the damage was occasioned by the servant in the exercise of the functions in which he was employed. There was judgment in favor of the defendant, and the plaintiff appealed. Held that, on the evidence, the verdict was sustainable on the ground that the overseer provoked the difficulty, and on the further ground that the alleged dangerous character of the servant was not known to the master, and, finally, that the act which occasioned the damage was not within the scope of the servant’s employment.</p> <p>[Ed. Note. — For cases in point, see Cent. Dig. vol. 34, Master and Servant, §§ 1225, 1230, 1266.]</p> <p>(Syllabus by the Court.)</p>