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Vermont Supreme Court - 75 A. 277, 83 Vt. 252
Tags: Property, Torts, Private necessity, Trespass
The legal principle that a master is not responsible for the intentional or malicious acts of their servant has been rejected. Instead, a master is liable for the actions of their servant if it is done in furtherance of the master's business and within the scope of the servant's employment. The rule of respondeat superior applies universally, regardless of whether the act was negligent or fraudulent. The defendant is responsible for the caretaker's wrongful actions if they were done in the course of employment and not from the caretaker's caprice. The court held that the master is liable for the servant's use of excessive or inappropriate force in removing a trespasser, even if the servant was acting within the scope of their employment.
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