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61 Mass. 385

Southwick v. Estes

Massachusetts Supreme Judicial Court

Decided September 15, 1851

Massachusetts Supreme Judicial Court · decided 1851-09-15

This was an action on the case for injury to the land of the plaintiff, situated on the south side of the north branch of the Hoosac River, and bounded northerly on the line on the south bank of the stream where the land and water coincide, when the stream is at its usual, ordinary and natural height.

Relies on Philadelphia & Reading Railroad v. Derby

Decided 1851-09-15

Shaw, C. J.

¶1The distinction between the liability of the master, for the negligent acts of his servants, and that resulting from their wilful and designed tortious acts, appears to have been carefully made and correctly stated in- the charge of the judge. McManus v. Crickett, 1 East, 106. A servant may do great damage to another person, in the negligent and careless performance of his master’s service, though against the master’s will and contrary to his orders; yet this is a ground of action against the master. [14 How. 468.]

¶2Judgment on the verdict.

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