The Law of Personal Injuries in Mines...

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Jury questions in actions for.
§ 523. The principle, respondeat superior. — In an action to recover damages for the negligence of another, on the principle of respondeat superior, the plaintiff can- not recover, unless it is made to appear that the relation of master and servant in fact existed, whereby the negli- gent act of the servant, in law, is imputed to the master. ^ Where the relation of master and servant can be said to exist, however, it is immaterial how the method of pay- ment for s
...ervices is regulated or adjusted, or how extensive the dependence of the agent may be, in the line of his agency the master is responsible for his negligent acts.^ Accordingly, where a refining company employed a person 1 White Mines & Mining Remedies, Sec. 404. p. 537 and cases cited.
For distinction between intentional acts of servant, within and beyond scope of authority, see Cooley Torts, pp. 626, 627 and cases cited. See, also, Wesley City Coal Co. v. Healer, 84 111. 126; Ardesco Oil Co.


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