Story Case

Edgar Thompson and John Walker were wholesale bakers, under the firm name of "The Wholesome Bakers." Their baking plant and main office were in Milwaukee, Wisconsin, and they had agents selling their food stuffs in surrounding cities. Their agent in Kenosha, Wisconsin, employed Albert Young to deliver the goods to the customers of that town. Because of the carelessness of Young, the horse he was using ran away and severely injured Robert Bloom. Bloom brought an action for damages against Thompson in Milwaukee. Can he recover?

Ruling Court Case. Linton Vs. Hurley, Volume 14 Gray (Massachusetts) Reports, Page 191

In an action against Daniel and John Hurley, the plaintiff alleges that he sustained a broken leg through the negligence of the defendants. Now the defendants were stevedores and copartners and the injury complained of was occasioned by the negligence of one of them, or of servants employed by them, while occupied under the superintendence of such partner, in unloading a vessel which the firm had contracted to unload. The other defendant was not present at the time, and claimed for that reason that he was not liable.

Mr. Justice Bigelow delivered the opinion of the Court: "Upon the facts proved, the plaintiff had a good cause of action against the firm. The injury was occasioned, either by the negligence of servants employed by both defendants or one of them, while acting within the scope of the copartnership and transacting the business of the firm. Partners, like individuals, are responsible for the negligence of their servants while engaged in the business incident to their employment and if one partner acts, he is considered as the servant of the rest of the firm." Accordingly, it was held that the plaintiff could recover from both defendants; or that he could recover from either, although one of the partners, against whom recovery might be had, was not present when the injury occurred.

Ruling Law. Story Case Answer

Where the firm employs agents and servants, i. e., persons who are not members of the firm, the same rules apply as to the liability of the firm for their acts, as in the case of any principal and agent. Any wrongful act of an agent or servant of the firm, while acting within the course of his employment, will render the partnership liable for damages. In the Story Case, Bloom can recover in the suit against Thompson, all the damages which resulted from the injury.