Reparation, No. 1. In Fleming v. Orr, the Court found that the owner of a dog which had destroyed sheep was liable, although it was not proved that the owner knew the dog to be vicious; but the judgment was reversed by the House of Lords. A master is civilly liable for the negligence of his servants, or others employed by him. Thus, the proprietors of stage-coaches will be subjected in damages for injuries arising from careless driving. This liability, however, may be said to arise ex contractu, since such persons engage to convey passengers in safety. But, independently of any express contract, a master has been found liable for damages done by those employed by him, although he was absent, and they were acting against his orders.
Definition source
Bell, William, A Dictionary and Digest of the Law of Scotland, 7th ed. rev. George Ross (Edinburgh: Bell & Bradfute, 1861), s.v. “Reparation.” Public domain.
Legal Subject: Reparation |
| Case | Date | Legal Subject | Abstract |
|---|---|---|---|
| M'Tier v. Lord Stonefield's Interlocutor | 1789 | Tack, Lease, Arrestment, Sequestration, Reparation, Bankruptcy | John M'Tier petitioned to alter Lord Stonefield's interlocutor, which held him liable for rebuilding the byre and kiln at Chang and for the value of moveable goods carried away. Based on the single document cataloged for this case. |