Opinion

Philadelphia & Reading Railroad v. Derby

  • 55 U.S. 468
  • 14 How. 468
  • 14 L. Ed. 502
  • 1852 U.S. LEXIS 459
Court
Supreme Court of the United States
Filed
Feb 23, 1853
Status
Published
Author
Daniel
On the bench
Grier, Daniel
Cited by
195 cases

" 'A master is ordinarily liable to answer in a civil suit for the tortious or wrongful acts of his servant, if those acts are done in the course of his employment in his master's service; the maxims applicable to such cases, being, Respondeat superior, ["Let the master answer."] and Qui facit per alium, facit per se ["He who acts through another, acts himself."].'" (citation omitted; bracketed materials added)

How later courts described this case

  • " 'A master is ordinarily liable to answer in a civil suit for the tortious or wrongful acts of his servant, if those acts are done in the course of his employment in his master's service; the maxims applicable to such cases, being, Respondeat superior, ["Let the master answer."] and Qui facit per alium, facit per se ["He who acts through another, acts himself."].'" (citation omitted; bracketed materials added)
  • railroad company liable for train accident although conductor acted contrary to express instruction of dispatcher

Written by the judges who cited it.

The opinion

*488 Mr. Justice DANIEL

dissents from the decision of th'is court

in this car1 t, upon the ground that the said railroad company being a corporation, created by the State of Pennsylvania, is not capable of pleading or being impleaded, under the 2d section of the 3d article of the constitution, in any of the courts of the United States; and that therefore the Circuit Court could not take cognizance of the controversy between that corporation and the plaintiff in that court.

Order.

This cause came on to be heard, on the transcript of the record, from the Circuit Court of the United States for the Eastern District of Pennsylvania, and Was argued by counsel. On consideration whereof, it is now here ordered, and adjudged, by this court, that the judgment of the said circuit court, in this cause be, and the same is hereby, affirmed, with costs and interest until the same is paid at the same rate per annum that similar judgments bear in the’ courts of the State of Pennsylvania.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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