Hopkins v. Hacker
| Citation | 195 A.2d 587,105 N.H. 150 |
| Parties | Charles HOPKINS v. William HACKER. William HACKER v. Charles HOPKINS. |
| Decision Date | 03 December 1963 |
| Court | Supreme Court of New Hampshire |
Griffin, Harrington, Brigham & Taylor and Alvin E. Taylor, Portsmouth, for Charles Hopkins.
Alfred Catalfo, Jr., Dover, for William Hacker.
The defendant Hacker does not seriously contest his liability to Hopkins as plaintiff for rents received by the former from the letting of the latter's property. The disputed issues relate to the verdict for Hopkins as defendant in the cross action of Hacker v. Hopkins, in which Hacker sought damages for personal injuries suffered in an assault by a third person.
As agent for Hopkins, Hacker leased certain premises at Seabrook Beach for the latter part of the summer of 1957, at a rental of $400, $100 of which was deposited with Hacker in advance. The tenant or tenants, who were residents of Massachusetts, took possession on July 27, paying the $300 balance by check. They were immediately dissatisfied with the condition and furnishings of the premises, and complained to Hacker. At Hacker's request Hopkins visited the premises on July 28 and 29 to adjust the oil burner, and to repair a lock. The tenants occupied the premises through Labor Day.
On July 28, Hacker delivered the $300 check to Hopkins, and there was evidence that on the same day the tenants demanded their money back. However Hopkins deposited the check on July 29, and later in the week was notified by the bank that payment had been stopped. The agent was advised by letter of the tenant, received on July 29, that payment of the check had been stopped. On August 3, 1957 however, the $300 balance of the rental, was paid to Hopkins on behalf of the tenant, in cash, at Hopkins' residence.
On the evening of July 30, it came to the attention of Hacker, who resided nearby, that a trailer was being driven onto the Hopkins property. He went to the premises and advised the driver of the trailer that zoning requirements forbade trailers at this location. While he was so engaged, he was assaulted by one or more of the occupants of the rented cottage, as he stood by the highway.
There was conflict in the testimony as to whether the principal Hopkins was aware of any prior threat to the safety of the agent. The agent testified that he repeatedly asked the principal to refund the $300 paid, and that the principal refused to do so.
The liability of a principal for injuries suffered by his agent in carrying out the agency is defined in the Restatement (Second),...
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Leonard v. Sav-A-Stop Services, Inc.
...injury. Dahlgren v. Coe, 311 Mass. 18, 40 N.E.2d 5 (1942) (judgment for domestic laundress scalded by tap water); and Hopkins v. Hacker, 105 N.H. 150, 195 A.2d 587 (1963) (no recovery by rental agent against principal for injury suffered in assault by irate tenant).11 In Mason v. Morrow's M......