Contrasted cases of non-liability and liability: Cox v. Burbidge; Non-liability for consequences of unusual state of things: Blyth v. .. Damages for " nervous or mental shock" Consequences natural in kind though not in circumstance 1. Limitations of Personal Capacity. Personal status immaterial in law of tort: but capacity material 2. Effect of a Party's Death. Actio personalis moritur cum persona Qu. of the extension of the rule in Osborn v. Gillett Exceptions: Statutes of Edw. III. giving executors right of suit for Lord Campbell's Act: rights created by it 680 Interests of survivors distinct Statutory cause of action is in substitution not cumulative "Power of controlling the work" explained What is in course of employment (a) Execution of specific orders (b) Negligence in conduct of master's business (c) Excess or mistake in execution of authority Act wholly outside authority: master not liable.. (d) Wilful trespasses, &c., for master's purposes Liability of firm for fraud of a partner Injuries to servants by fault of fellow-servants Common law rule of master's immunity.. Reason given in the later cases Servants need not be about same kind of work.. Provided there is a general common object Volunteer assistant on same footing as servant Exception where master interferes in person 93 Conditions excluding liability for act prima facie wrongful Rules to be observed Absolute discretionary powers Whether duty judicial or ministerial: Ashby v. White 7. Damage incident to authorized acts. Damage incidentally resulting from lawful act Care and caution required in exercise of discretionary powers |