Highways, Ways And Plank Roads : the Statutes of New York in Relation to Highways, Bridges, Ferries And Plank Roads, With Commentaries; Also, An Appendix, Containing Forms And Precedents

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Hvmiston, {& Gow., 1%% .) The question seems to be, whether the act be snoh.that he can justify himself to his master. If he may, it shaU be deemed in Ite course of his business as a ser- vant, and the master is liable. lb.
Thyis, where the master had been accustomed to lay his wood in a certain place for several, years, and his servant laid the m^jster's wood in the same place, while the latter was sick, and without his knowledge, /jeW, that this was au act in course of his business, as a seiT
...ant. lb., OCT 7 1937 An action for erecting a fence across a public highway, ■will not lie for special^ damage to an individual, by reason ihat the highway was more contiguous, and therefi >re more beneficial, and the deprivation of its use therefor more injurious to him than others. Piarce vs. Dart. (7 Cow., 609.) He must sustain some special damage to warrant an action. lb. _ ^ When a man in the employ of another, building a chimney, lays lime in the road, by which another'r carriage is overturned and injured, the employer is liahle ; and also, even had the person employed done it by his servant.

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