Battistoni v. Thomas

Battistoni v. Thomas

The driver had abandoned his employer's business by dressing and spending several hours on independent social activities and was on a frolic of his own when the accident occurred; therefore the father (master) was not vicariously liable and the appeal is dismissed.

Citation
[1932] SCR 144
Parties
Appellant/plaintiff: L. Battistoni; Respondent/defendant: Claude Thomas; Respondent/defendant: Morgan Thomas
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
2 February 1932
Procedural Posture
Civil Appeal Negligence (master and Servant) / Appeal to Supreme Court of Canada (final Judgment)
Outcome
Appeal dismissed; master not liable for servant's negligence.
Legal Topics
Scope of Employment, Frolic and Detour, Master Liability, Negligence
Source Language
English
Labour Law Tort Vicarious Liability Motor Vehicle Law Scope of Employment Frolic and Detour Master Liability Negligence

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 7 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

L. Battistoni

Appellant/plaintiff

Claude Thomas

Respondent/defendant

Morgan Thomas

Respondent/defendant

Procedural Posture

Civil Appeal Negligence (master and Servant) / Appeal to Supreme Court of Canada (final Judgment)

Legal Issues

  1. 1 Whether the driver was acting in the course of his employment at the time of the accident
  2. 2 Whether the driver was on a "frolic of his own" or merely on a detour
  3. 3 Whether the master is vicariously liable for the servant's negligent driving

Ratio Decidendi

The driver had abandoned his employer's business by dressing and spending several hours on independent social activities and was on a frolic of his own when the accident occurred; therefore the father (master) was not vicariously liable and the appeal is dismissed.

Court Disposition

Appeal dismissed; master not liable for servant's negligence.

Orders

  • Appeal dismissed with costs.