Fact:
The plaintiff was a passenger on
defendant’s train. One of the porters of the defendants pulled him out of the
carriage due to mistaken belief that the plaintiff was traveling on a wrong
train. The plaintiff suffered severe injuries.
Issue:
Who would be held liable?
Judgment:
The defendants were held liable.
Reasoning:
Here he didn’t do anything unlawful and
master will be liable even if the servant acts on the belief that he is doing
some lawful act which he is authorized to.
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