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2 Quart. L. Rev. 1 (1861)

handle is hein.journals/qrlwr2 and id is 1 raw text is: THE QUARTERLY LAW REVIEW. LIABILITY OF HIRER, &c. The liability of the hirer of a slave fJc.injuries to the slave oc- casioned by the negligence or misconduct of another servant of the hirer employed in the same service. The maxim qui per alium facit per seipsum facere videtur, for which Broom in his treatise on legal maxims, (p. 236), cites Co. Litt., 258 a, is 'founded in reason, and contains the germ from which has sprung the law of agency in all its diversified applications. It is not only for what one does by another, but for what one fails to do by another, that he is responsible, and the principal is responsible for acts of omission as well as of commission by his agent. This doctrine of agency, when ap- plied to the torts committed by a servant, is expressed in the maxim, respondeat superior. The obligations and duties growing out of the relations of principal and agent, and master and servant, may be modified by contract. Such contract may be either express or implied, and when implied, such implication should be as well founded as the rule itself, in order to establish a modification or exception. An exception to the general rule seems to be well established, upon authority, in the case of a white or free servant injured by the negligence of another servant in the same service or em- ployment. It rests upon the ground, that by his contract of service, the servant has agreed to take the risks of the particu- lar employment, among which are the occasional negligence and

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