. Boson v. Sandford, 3 Mod.
321, 323, 87 Eng. Rep.
212, 213 (K.B.
1690), holding that where goods were damaged through the neglect of the master of
a vessel owned jointly by eight proprietors, all eight must be joined, and adding
a dictum that the master need not, he being “no more than a Servant to the owners,
[who] has no property either general or special, but the power he has is given by
the civil law.” The report then set out “many cases where the act of the servant shall
charge the master,” concluding, “Therefore though the neglect in this case was in
the servant, the action may be brought against all the owners, for it is grounded
quasi ex contractu,
though there was no actual agreement between the plaintiff and them.”
Cite web page as: Founding Families: Digital Editions of the Papers of the Winthrops and the Adamses, ed.C. James Taylor. Boston: Massachusetts Historical Society, 2017.