Middleton v Fowler
| Jurisdiction | England & Wales |
| Judgment Date | 01 January 1688 |
| Date | 01 January 1688 |
| Court | Exchequer |
English Reports Citation: 90 E.R. 971
IN CHANCERY AND THE EXCHEQUER-CHAMBER
See S. C. 1 Salk. 282 (with note).
HOLT, K. B. 131. CARRIERS AND COACHMEN 971 carriers and coachmen. 1. middleton versus fowler. Mich. 7 W. 3. [See S. C. 1 Salk. 282 (with note).] Skin. 625. 1 Salk. 282. 2 Salk. 423. 1 Mod. 198. 3 Lev. 258. 2 Sauad. 115. 4 Leon. 123. 1 Show. 29. Hob. 206. The plaintiff brought trover against the defendant, who was a stage-coachman, where goods were delivered to his servant; and if this delivery should charge the master was the question 1 Per Holt C.J. The party here does not pay the master for the carriage of it, and therefore he shall not be charged. This differs from the case of a carrier or waggoner, who is paid for the passenger, and for the parcel also; but in a [131] coach, the passengers are allowed ten or fifteen pounds weight, for their necessary occasions on the journey ; and if any more be carried for which the driver is paid, it is privately and by stealth. Indeed if the master be paid or agree for it, and there be a loss, then he shall answer it. The plaintiff was nonsuited.
To continue reading
Request your trial
-
Scott v Davis
...no immediate act by the master which caused the loss. As Lord Kenyon CJ said in M'Manus v Crickett472: ‘[I]t is laid down by Holt CJ in Middleton v Fowler473, as a general position, “that no master is chargeable with the acts of his servant but when he acts in the execution of the authority......
-
Anonymous (1795) 1 Salk 282
... ... English Reports Citation: 91 E.R. 247 COURTS OF KING'S BENCH, CHANCERY, COMMON PLEAS AND EXCHEQUER ... Fowler & Al ... Mich. 10 Will. 3, coram Holt, C. J. At Nisi Prius ... Discussed, Cohen v. South Eastern Railway, 1877, 2 Ex. D. 258 ... 11. middleton ... ...