Monday, August 21, 2017

Bayley V. Manchester, Sheffield & Lincolnshire Railway Co.





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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