Weaver v. Hale

Citations

• 82 Fla. 88
• 89 So. 363

Syllabus

<p>1. Where under the principle of respondeat superior an employer is liable in damages for the negligence of an employee that proximately injures another, an action for damages may be maintained against both the employer and the employee, whether the employer participated directly in the negligent injury or not.</p> <p>2. Where each oi two defendants is in default, an entry of default by the clerk against the “defendant,” does not render erroneous subsequent proceedings duly taken by the Court where both defendants were by the Court expressly held in default upon their own admission.</p> <p>3. Questions that were in effect waived or rendered immaterial by defaults or by appropriate evidence on a sufficient declaration will not be discussed by the appellate court.</p>