A silversmith hired a coach and coachman from the defendants in order to show his wares to customers around London. But the coachman entered into a conspiracy with others to steal the silver. Held The Court dismissed the claim for damages against the defendant who grounded himself on the basis that the coachman’s activities had constituted a crime which is clearly outside the scope of his employment. The judgment said: ‘It is a crime committed by a person who in committing it severed his connection with his master, and became a stranger; and, as the circumstances under which it was committed are known, it raises no presumption of negligence in the defendant.’
Citations:
[1905] 1 KB 237
Jurisdiction:
England and Wales
Cited by:
No longer good law – Morris v C W Martin and Sons Ltd CA 1965
The plaintiff took her mink stole to the defendants for cleaning. An employee received and stole the fur. The judge had held that the defendants were not liable because the theft was not committed in the course of employment.
Held: The . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability
Updated: 31 July 2022; Ref: scu.214872