2 Quart. L. Rev. 1 (1861)

handle is hein.journals/qrlwr2 and id is 1 raw text is: THE

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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