18 G ACTS WITHIN SCOPE OF EMPLOYMENT. 



Avhere a servant, driving his master's cart-liorse, whips a man 

 out of private spite, the master is not hable ; (a) but if a 

 coachman negligently strikes a passenger with a whip, intend- 

 ing to strike someone who has jumped on his omnibus, it 

 is a jury question whether this is done to serve his own pur- 

 pose, or in the furtherance of his master's interest. (6) Again, 

 if the guard of an omnibus use undue violence in ejecting 

 a passenger Avhom he supposes to be drunk, the master is 

 liable, (c) Thus, a coachman, where his master's carriage 

 was entangled with another, struck the horses of the other 

 carriage, and damage ensued from their bolting, the jury con- 

 sidered he was acting Avithin the scope of his employment, 

 because they held that the entanglement arose from his 

 fault, and they held the master liable, (d) Again, if a horse 

 falls in a street, and the footman from another carriage 

 comes to the assistance of the servants who are in charge of 

 the horse, it is quite plain that in volunteering friendly assist- 

 ance he is not doing his master's work, and will not make his 

 master responsible for any consequences that may arise from 

 his interference, (e) 



In another case, a shopkeeper instructed his salesman to 

 remove articles from one shop to another. The salesman 

 borrowed a van from a friend, who came with it to drive it, 

 and the articles were placed in the van with the shopkeeper's 

 knowledge and assent. While the van was passing through 

 the streets the salesman took the reins from the vanman, 

 who was intoxicated, and owing to his careless driving an 

 accident occurred. It was held that the shopkeeper was not 

 liable, because the saleman was actmg outwith his duty in 

 undertaking to drive the van. (/) 



(a) Lord Glenlee in Baird v. Hamilton, 1826, 4 S. 790. 



(b) Ward v. General Omnibus Company, 1873, 42 L.J., C.P. 265. 



(c) Seymour v. Greenwood, 1S61, 7 H. and N. 355. 

 {d) Croft V. Alison, 1821, 4 B. and Aid. 590. 



(e) Lord Justice-Clerk Moncreiff in Gallacher v. Burrcll, 18S3, 1 1 R. 

 53, 56. 



(/) Martin v. Wards, 1887, 14 11. 814. 



