Supreme Court of North Carolina, 1857

Wesson v. . the Seaboard Roanoke R. R. Co.

Wesson v. . the Seaboard Roanoke R. R. Co.
Supreme Court of North Carolina · Decided June 5, 1857 · Pearson
49 N.C. 379

Counsel

No counsel appeared for the plaintiff. B. F. Moore , for defendant.

Wesson v. . the Seaboard Roanoke R. R. Co.

Opinion of the Court

Pearson, J.

There is no error. A master is not liable for the wilful trespass of (H servant. He is liable in an “ action on the case ” for an injury, caused by the negligence, or un-skilfulness, of a servant, while doing his business. This.is an action of trespass vi et cvrmis. “ There was no evidence that the master sanctioned, or even knew of the trespass in question.”

Pee CuéiaM. Judgment affirmed.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.