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Full-Text Articles in Law
Allegheny Airlines, Inc. V. United States (Case Note), Gerald S. Reamey
Allegheny Airlines, Inc. V. United States (Case Note), Gerald S. Reamey
Faculty Articles
On September 9, 1969, Robert W. Carey, a student pilot flying a solo cross-country flight in a plane owned by the operator of the flight school in which he was enrolled, collided with an Allegheny Airlines plane near Fairland, Indiana, destroying both aircraft and killing Carey, the crew of the Allegheny aircraft, and all 78 passengers. Allegheny Airlines, Inc. and G.E.C.C. Leasing Corporation brought suit-seeking recovery of damages sustained by their aircraft and engine, and named Forth Corporation, owner of the airplane and operator of the flying school, as a defendant. The trial court, in holding for the defendants, determined …
Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem
Liability Of Master For Wilful Or Malicious Acts Of Servant (Ii), Floyd R. Mechem
Michigan Law Review
Returning now to the general question of the master's liability for malicious acts in cases not affected by any such special considerations as those which have just been considered, it may be premised, as has been already stated, that the tendency of the modem cases is undeniably to attach less importance to the motive with which the act was done and to give more attention to the question whether or not it can be deemed to fall within the scope of the servant's employment.
Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem
Liability Of Master For Wilful Or Malicious Acts Of Servant (I), Floyd R. Mechem
Michigan Law Review
In general-While it is well settled that the principal or master is responsible to third persons for the negligent act of his servant or agent, committed within the scope of his authority, it has been held in many cases that he is not liable for the agent's wilful or malicious act. In the language of Judge Cowen, which fairly states the doctrine of these cases, "the dividing line is the wilfulness of the act." It is perhaps not strange that a distinction in the master's responsibility for negligent acts and for wilful acts should constantly present itself. The very idea …