A Summary of Torts

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) This language was re- peated in Crispin v. Bahhitt (81 N. Y. 516), where the liability of the master for the negligence of his servant, by which another servant has suffered injury, was said not to depend upon the doctrine of respondeat superior, but upon the omission of some duty of the master which he has con- fided to such inferior employee. If the act omitted were of the kind- which the master owed to the employee the duty of performing, he would be responsible to the employee for the man...ner of its performance. It is not a question of rank among the different employees. The rule thus laid down has been since frequently approved in this court. " Hankins v. N. Y. , L. E. & ^V. R. R. Co. , 142 N. Y. 416, 420.
Negligence of master and fellow-servant concurring. — Where a servant has been injured, partly through the wrong- ful act of a fellow-servant and partly in consequence of the omission of a duty owing by the master, the master may be held responsible for the entire damage suffered, because the law will not attempt to apportion it.


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