[1755] Mor 11605
Subject_1 PRESUMPTION.
Subject_2 DIVISION. X Mandate when presumed.
Subject_3 SECT. II. Acts by Wives or Servants.
Date: Sir Andrew Mitchell
v.
Mary Gainer
23 July 1755
Case No.No 269.
A master found liable for medicines furnished to a servant with his knowledge.
Click here to view a pdf copy of this documet : PDF Copy
Mary Gainer being pursued upon a surgeon's account, for furnishings to her family at London, and the same being referred to her oath, she, inter alia, deponed, “That she made no doubt, from the state of John Leitch, her servant, his health, medicines might have been got for him from the shop libelled.”
Pleaded for her; A master is not liable for medicines furnished to his servant in this manner.
“The Lords found, That the articles of the furnishings to John Leitch, the servant, are presumed to be furnished with the defender's consent and knowledge; and therefore found her liable for the same.”
Act. Wedderburn. Alt. J. Dalrymple.
The electronic version of the text was provided by the Scottish Council of Law Reporting