Fact:
The defendant’s servant was transferring
patrol from patrol lorry to the underground tank of the plaintiff. While
transferring he lighted a match stick for smocking cigarette with the result
fire occurred and caused loss to plaintiff.
Issue:
Was there is any injury or not?
Judgment:
It was only negligent manner of
transferring patrol which was an authorized work and the defendant was liable.
Reasoning:
Where damage is caused because of
negligent mode of doing an authorized work the master cannot escape liability.
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