Wesson v. . the Seaboard Roanoke R. R. Co. , 49 N.C. 379 ( 1857 )

Pearson, J.

There is no error. A master is not liable for the wilful trespass of (H servant. He is liable in an “ action on the case ” for an injury, caused by the negligence, or un-skilfulness, of a servant, while doing his business. This.is an action of trespass vi et cvrmis. “ There was no evidence that the master sanctioned, or even knew of the trespass in question.”

Pee CuéiaM. Judgment affirmed.