“O Eldon, that horrid John must be drunk! He took out the horse and sleigh this morning, and when driving down Main Street, he ran into Dr. Bolus’s cutter and knocked it all to pieces.”
“Ah, my dear Elizabeth, calm your troubled mind;” I coolly replied, “John, without my knowledge, and wrongfully, took my horse and sleigh for some purpose or other of his own, and ran into old Bolus’s turn-out, you say: well, the law is perfectly clear that I am not responsible for the injury, as I did not intrust my servant with the sleigh.[2] I may tell you for your edification that the general rule is that a master is not liable for the tortious act of his servant, unless that act be done by an authority, either express or implied, given him for that purpose by the master;[3] or as Mr. Baron Parke puts it, if a servant is going on a frolic of his own, without being at all on his master’s business, the master will not be liable.”[4]
“Oh, but dear Don, I forgot to tell you that I sent him to the confectioner’s for some cakes; but I told him to drive along West Street.”
“Confound it, that’s a different matter. The Doctor will rush off to friend Erskine, and I will have to pony up for the damage; because, as that rascal John was driving on his master’s business, it matters not that he disobeyed his express orders in going out of his way, or made a detour to please himself.”[5]
“Yes, but Eldon dear,” continued my wife, “it was not on his master’s business, it was on mine.”
“Stupid, what difference does that make?” replied I, impatiently; and then, seeing that my wife did not like the adjective, I added more feelingly, but rather vaguely, “Don’t you see, I’m his master, you are mine, and so must be his also.”
“Heigh-ho!” sighed the wife of my bosom. “But I have not told you all. After the collision the horse ran against an old man who was walking along the street, knocked him down, and hurt him: but, of course, he had no right to be on the road, when there was a good sidewalk for him.”
“Of course he had a right to be on the road, just as much right there as the horse and sleigh had, even though he were sick and infirm; and it was John’s business to take care where he was going!”[6]
“Yet John says he told the man to get out of the way, and he wouldn’t do it;” pleaded my wife.
“That does not matter.[7] I hope no more damage was done?” I queried.