Citation(s) (1697) 91 ER 1072 | ||
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Turberville v Stampe (1697) 91 ER 1072 is an English tort law case concerning vicarious liability, also known as the respondeat superior doctrine.
Contents
Facts
The employee or "servant" of the defendant negligently began a fire which spread to and damaged a neighbour's house. The master argued he was not responsible because he was not personally at fault. Moreover, he had directed the employee the proper method of lighting fires, orders which were not followed.
Judgment
Lord Chief Justice Holt gave judgment.
Significance
Holt carried this broad vicarious liability into the commercial setting, noting that ‘the master at his peril ought to take care what servant he employs; and it is more reasonable, that [the master] should suffer for the cheats of his servant than strangers’ (ibid., 91 ER 797)