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Torts

Cleveland State University

1967

Respondeat superior

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Full-Text Articles in Law

Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus Jan 1967

Employer's Duty To Know Deficiencies Of Employees, Martin R. Loftus

Cleveland State Law Review

In the case of Kendall v. Gore Properties Inc. an employer was held liable for the willful and malicious (criminal) acts of his employee. The employee, a janitor in an apartment house, had murdered a tenant. The employer was held liable on the ground that he, the landlord, had been recklessly ignorant in the selection of the employee. The case illustrates the modern doctrine of allocating to the employer liability for the harm caused by the servant's tortious behavior, based on his negligent selection of the employee, even though the criminal nature of the servant's act is far beyond that …


Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston Jan 1967

Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston

Cleveland State Law Review

The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.