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absolved action agent alleged answer appears argument arrest Axbridge bailiff Bank Blackburn Bramwell carriage charge civil Cluny Hill coachman Code committed common conductor consequences contract corporation course Court Court of Session criminal liability Dalloz damage deceit decided decision defendant delict direct distinction doctrine driving duty employed employer employment Esher estoppel evidence Exchequer execution express expressly fact fraud funds Glenlee ground held liable Holt Holt's horses ibid illegal implied authority infra injury involve judges judgment laid Law Reports libel limited Lord Esher Lord Justice Clerk Lordship malice manager master and servant master is liable master's benefit master's liability Mersey Docks nisi prius observed opinion owner partner party passenger person plaintiff Pollock principle proposition prosecution question Rail ratio decidendi reason respondeat superior responsible Roman Law rule scope seems Smith sued supposed supra thought tion tort trustees vicarious liability Vict wilful acts wilful trespass wilful wrong