Massachusetts Supreme Judicial Court September 15, 1866 (Holmes v. Wakefield)

Hoar, J.

The general rule of law that, where a master employs a servant to do an act which involves the use of force against the person or property of another, and the servant, in the course of his employment, uses force in a manner or to an extent unlawful and unjustifiable, both are answerable as trespassers, has been settled in this commonwealth in the cases of Moore v.