Chandler v Broughton
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1832 |
| Date | 01 January 1832 |
| Court | Exchequer |
English Reports Citation: 149 E.R. 301
IN THE COURTS OF EXCHEQUER AND EXCHEQUER CHAMBER
S. C. 3 Tyr. 220; 3 L. J. Ex. 25.
chandler . brouuhton. Exch. of Pleas. 1832.-Where the defendant was sitting by his servant, who was driving him in a gig, and the horse ran away, and an immediate injury was done to the plaintiffs property :-Held, that the action was well brought in trespass. [S. 0. 3 Tyr. 220; 3 L. J. Ex. 25.] Trespass for driving a gig against the church in Langham Place. At the trial before Bayley, B., at the Middlesex Sittings after last Tritiity Term, it appeared that the defendant was sitting by his servant, who drove the gig, and the horse ran away with them, and did the mischief in question. It was objected that the action should have been brought in case; the learned Baron reserved the point; and the plaintiff had a verdict. Harrison now moved, by leave of the learned Baron, to enter a nonsuit [Bayley, B. Is there any case which militates against this position ; that if the owner is in the carriage, sitting by the driver, the act of driving by the servant is the act of the master f The reason is, that the master has the immediate control over the servant.] The ease of a pilot steering a ship is contrary. [Bayley, B. The pilot is independent of the master, and therefore that is an exception to the general rule.] [30] bayley, B. The accident arose from...
To continue reading
Request your trial
-
Scott v Davis
...to sleep. That meant no more than a complete delegation to his agent during his unconsciousness. The principle of the cases cited [ Chandler v Broughton163, Booth v Mister164, and Wheatley v Patrick 165] is simply that the management of the vehicle is done by the hands of another and is in......
-
Hollis v Vabu Pty Ltd
...Jones Pty Ltd (1994) 179 CLR 520 at 575. Morley v Gaisford (1795) 2 H Bl 441 [ 126 ER 639] and Chandler v Broughton (1832) 1 C & M 29 [ 149 ER 301] are authority for the proposition that a master was directly liable for the trespasses of his servant where the acts comprising it were done ‘a......
-
Treacy v Robinson Son, Ltd and Others McGovern v Same defendants
...[1900] 2 Q. B. 530. (1) 5 B. & C. 547. (2) 4 Ex. 244, at p. 257. (1) 6 M. & W. 499, at P. 507. (2) 4 M. & G. 48. (3) 2 M. & W. 650. (4) 1 C. & M. 29. (5) [1903] 1 K. B. 81, at p. 85. (1) 16 L. R. Ir. (2) 43 Ir. L. T. R. 210. ...
-
Peter Scott & John Scott v Samuel Nelson
...Ray. 272. Savignac v. RoomeENR 6 T R. 125. Morley v. GainsfordENR 2 H. Bl. 442. Day v. EdwardsENR 5 T. R. 648. Chandler v. BroughtonENR 1 Cr. & M. 29. Ogle v. BarnesENR 8 T. R. 186. HollandENR 10 Bing. 112. Weeton v. WoodcockENR 5 M. & W. 587. Reynolds v. ClarkeENR 2 Ld. Raym. 1402. Harker ......