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Maryland Cas. Co. v. Huger, S.W.2d – scotlanti.info

Sexta Middleton, daughter of Arthur Middleton, Signer of the. Declaration of .. page the date of death of Sarah Rutledge Huger, should read. , not promoted 4th Corporal 19 October and 2nd Corporal on an unknown date. in the 5th Virginia Infantry Battalion 21 April at Harden's Bluff (Fort Huger), ARTHUR, Thomas J.: He was exchanged from Point Lookout 18 February He enlisted as a Private 4 August at Camp Page near Williamsburg. Arthur Wyllie Served on C. S. S. McRae; assumed command on the death of Huger, April 25, Special service abroad, date). Served on C. S. S. Florida, Died August 30, Read, Jacob – Appointed from Georgia.

The general principles relating to "principal and agent" or "employer and employee" have often been stated and are easily enunciated, but application to specific factual situations taxes the minds of jurors, lawyers and judges. The application of the principles depends upon the facts and circumstances in each particular case and no single test is conclusive. The principles have been stated in various ways and contain many refinements.

Whether an act is within the "scope of employment" or "scope of duty" is not measured by the time or motive of the act, but whether it was done by virtue of the employment and in furtherance of the business or interests of the "employer. Generally, the principle applies when the "employee," in the line of his employment, is actually engaged in and about his employer's business and is carrying out his purposes. The general principle is stated by Professor Mechem: The utmost that can ordinarily be said is that an [employee] is acting in the course of his employment when he is engaged in doing for his [employer] either an act consciously and specifically directed or any act which can fairly and reasonably be deemed to be an ordinary and natural incident or attribute of that act, or a natural, direct and logical result of it.

If in doing such an act, the [employee] acts [wrongly] that is within the course of employment. Under this doctrine, a principal or employer is held liable to a third person for a tort, even though not directed or commanded nor expressly authorized by the employer, provided that the employee or agent has committed such act while engaged in an activity falling within the scope of his authority or employment.

Kansas City Journal Post Co. Louis Public Service Company, S. The Missouri Approved Instructions, The second requirement of MAI 3d This amounts to a requirement of foreseeability. See supra, Note 39 Mo. Section of the Restatement Second discusses the kind of conduct which is within the scope of employment. To be within the scope of employment the conduct must be of the same general nature as that authorized or incidental to the authorized conduct.

In determining whether or not the conduct is incidental to the authorized conduct, the following matters, inter alia are to be considered: The fact that an act was done during the time of employment is not conclusive.

Neither is the motive of the employee. These principles are recognized in the Missouri decisions. It states that "the master is not responsible for acts which are clearly inappropriate to or unforeseeable in the accomplishment of the authorized result. The rationale behind that section is that if an act is not appropriate or expected, it can be neither authorized nor incidental to an authorized act. In Pacer Oil, our Supreme Court held that an employer was not responsible for the personal act of a gas station attendant who injured a customer.

Tested by these legal principles, while Father Danis was a sincere Roman Catholic priest, who strongly believed in the principles of his Church and had a strong desire to carry out and give witness to those principles, his actions on March 8, do not fall within the "scope of his duties.

Moreover, they were neither authorized, usual, customary, incidental, foreseeable, nor fairly and naturally incidental to his duties.

As Archbishop May indicated, the Vatican II documents introduced are goals and guidelines, but nowhere do they indicate that the teachings contained therein are to be carried out in an inappropriate place, time or context, or inside a clinic, or in violation of the civil law.

Counseling on the "immorality" of abortion and urging persons to respect life, at all stages, should be done at appropriate places and times. Both Cardinal Carberry and Archbishop May acknowledged that a priest should be philosophically and theologically opposed to abortion; but, there is no duty to express one's views by way of unlawful demonstrations. Both Cardinal Carberry and Archbishop May agreed that a priest, as an individual has a privilege to lawfully picket against abortion, but also stated that a priest has an obligation to uphold civil law and to cooperate with civil authorities.

Cecelia's Parish and Father Danis's immediate superior, confirmed that Father Danis was under no direction or order from Monsignor Michalski or any other member of the Archdiocese to lawfully or unlawfully protest against abortion.

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Even though Cardinal Carberry authorized the establishment of an archdiocese pro-life committee which established standards for strategies, including picketing, there was nothing to indicate any authorization, direction or strategy which would include unlawful actions or unlawful picketing. We must, therefore conclude that under the circumstances here Father Danis was exercising his privilege as a "citizen," albeit with the concomitant consequences,[7] but was not engaged "within the scope of his duties" within the meaning of the contract of insurance.

V Appellants discuss several authorities to support the proposition that Father Danis was within the scope of his duties. The decisions relied upon do not resolve the specific issues herein.

The decisions relied upon are inapposite. City of Maplewood, S. That is not the situation here.

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Appellants attempt to establish that Father Danis was acting within the scope of his respective duties by contending that a priest is a priest 24 hours a day. Stated another way, appellants are apparently taking the position that since Father Danis was a priest, any and all activities which he performed took on a priestly character, and therefore, were part of the duties as a priest. A similar argument was made in Thompson v.

Joseph Country Club, S. The plaintiff argued that the country club manager was acting for the country club when he was involved in an accident on July 4, since his contract required him to devote his entire time to the country club business. In ruling against the plaintiff, the court found that such a contract did not make the employer responsible for all of the employee's activities during every hour of every day and it did not prevent normal rest, recreation and personal activities free of the employer's control.

Similarly, the fact that Father Danis was a priest 24 hours a day does not make the Archdiocese responsible for all his activities, and does not make any and all of his activities the actions of a priest within the scope of his respective duties. Appellants also contend that since the Catholic Church has a theological position against abortion and teaches that abortion is immoral and is a crime, that any action by any priest in furtherance of pro-life is within the scope of his respective duties.

The testimony supports the proposition that the Church is against abortion. However, there is no evidence which supports the proposition that any and all activities by a priest against abortion are part of a priest's duties. VI The appellants have raised two other contentions. One relates to the interpretation and meaning of "occurrence" as that term is defined in the policy.

The other relates to the application of Provision P. Because of the disposition we make, there is no necessity to examine these issues in detail. As to the first contention on the meaning of "intended" or "expected," see Hanover Ins. As to the second, the parties have conceded that Provision P is inapplicable in that none of the enumerated offenses were committed.

VII Abortion is an emotionally charged issue which produces and engenders strong feelings on both sides of the social, political and philosophical picture. Although constitutional rights are protected, however, we cannot conclude that the activities of Father Danis in these circumstances fall within the "scope of his respective duties.

In this country, there is sufficient free reign to teach, persuade, counsel and attempt to achieve change. In conclusion, we hold the trial court did not err; that the general liability policy issued by plaintiff did not cover the activities of Father Danis; that Father Danis was not a named insured under the policy; and that Father Danis was not "acting within the scope of his respective duties" as a priest of the Archdiocese.

The judgment in all respects is affirmed. The trial court expressly found that there was no coverage provided under either the General Liability Policy or the "Clergyman's Floater. Latin original in AAS 66 That document states, in part, that "the first right of a human person is his life. We are obliged once more to declare that Many of the volunteers The picketing at the abortion clinics is done in a spirit of Christian involvement.

Signs may be carried if they are of a positive nature The purpose of the project is not to blame or harass, but rather to educate and reach out in a loving way to those implicated in abortion. Canon provides in Section 1 that "Most especially, clerics are always to foster that peace and harmony based on justice which is to be observed among all persons. Coriden, supra, at Canon provides that "clerics are to refrain completely from all those things which are unbecoming to their state"; "clerics are to avoid those things which, although not unbecoming, are nevertheless alien to the clerical state.

On the other hand, laws may be unjust in two ways: A law that is not just, seems to be no law at all. Wherefore, such laws do not bind in conscience, except perhaps, in order to avoid scandal or disturbance for which cause a man should even yield his right. Pegis, New York, Random House, Gaertner's concurring opinion in Ryan v. The Palace, we learn, was insured to the extent of ,L. Within the main walls of the gables or pediments are 9-inch brick walls.

Several of these have lately fallen, causing much dismay, and those which remain up are expected to come down also, possibly through the behaviour of the iron rods, which, if we mistake not, tie them to the outer walls.

The fire was so intense that only the outer walls of the building survived, and three members of its staff were killed. Undeterred however, reconstruction of the building was soon started and on Saturday the 1st of May the Alexandra Palace was reopened to an eager public. The Building News and Engineering Journal carried a plan and report on the soon to be reopened Alexandra Palace in their February 6th edition saying: The scheme of the present plan is totally different from that of the former palace.

A "great hall," ft. The theatreft. Exhibition galleries flank both the theatre and concert-room, and are connected with the open courts. The refreshment department is on two floors right and left of the great hall, and extending beyond it the whole east front of the palace.

The material employed in the construction is chiefly iron, and the style of architecture that generally chosen for such buildings, depending more on the massing than detail for effect. The architect is Mr.

John Johnson, of 14, Buckingham-street, Strand. The builders are Messrs. The Western Mail also reported on the rebuilt Alexandra Palace in their 30th of May edition saying: It is not yet two years since the magnificent edifice which formerly occupied that site was reduced to ashes.

Those who now visit Muswell Hill, and who last did so towards the middle or end ofmust be forcibly reminded of the fabled Phoenix, for on the site of what was then ruin and desolation has arisen an edifice of fair, we cannot say of grander, proportions. The absence of the dome produces a tameness in the general effect, but the roof of the present palace is agreeably relieved by corner towers and a transverse portion running across the centre of the roof.

The grounds are beautifully laid out, the tout ensemble forming one of the prettiest pieces of landscape gardening we have seen. The large central hall in the building will seat 12, persons, and there is accommodation in the orchestra for 2, performers. So far as they have been tested, the acoustics have proved satisfactory.

At the northwest end of the building is a concert room capable of containing 3, of an audience, and opposite a theatre seated for 3, In the concert room is an organ constructed by Mr. Henry Willis, the builder of the celebrated organ in St. It possesses five claviers. The compass of the four manual claviers extends from CC to C in altissimo five complete octaves, or sixty-one notesand that of the pedal from CCC to G two octaves and a fifth, or 32 notes. The pedal organ consists of 16 stops; the first manual clavier, or choir organ, comprises 17 stops; the second clavier, or great organ, commands 21 stops; the third clavier, or swell organ, contains 21 stops; and the fourth clavier, or solo organ, includes 14 stops; and besides these, there are 15 accessories connecting the different parts of the instrument.

To enable the performer to command these stops and accessories them are eight patent pneumatic combination pistons to each manual clavier.

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The main bellows is placed in a chamber in the basement. The feeders which supply the air are worked by two steam-engines, one of 8-horse and the other of 12 horse power, nominal.

These feeders are of the most ample size, and constructed to receive their wind from the hall above, and not from the locality in which they are placed.

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To carry out this arrangement of the highest importancepassages are provided for the wind shafts to and from the organ to the chamber in which the main reservoirs are placed. The main reservoirs deliver their wind to numerous other reservoirs in immediate connection with the pipes, for the purpose of acquiring the various pressures of air required for the different classes of stops. With an organ such as has been described, and the daily performances by the band of the Palace Company, the concert-room ought to prove a favourite resort.

Numerous and varied additional attractions are promised. These, however, will be dealt with in detail after they have been seen. In such weather the Alexandra Park and Palace were yesterday thrown open to the public, attracting not fewer than 20, visitors, every one or whom wished, we have little doubt, that at length success may be in store for an undertaking which promises to place within reach of Londoners another charming retreat from the cares of business; where the eye may be delighted with Nature dressed in her most picturesque garb; where the ear may be enchanted with the concord of sweet sounds; and where the mind may be elevated by the contemplation of the choicest works of art which time, trouble, and liberal expenditure may be able to bring together.

It would be somewhat late in the day to inform our readers that the Alexandra Palace is situated in one of the most charming spots of which our Home Counties can boast, and that the hills on which it stands, well named the "Northern Heights of London," command a view which equals in beauty, if indeed it does not excel, that to be obtained from the rival establishment at Sydenham.

With the origin of the Palace and with its hitherto unfortunate career everybody, we imagine, is by this time acquainted. Brighter days seem at length to have come; the right men have bean discovered, and now fill the right places; all concerned in the undertaking have put their shoulders to the wheel with a will, and the result, judging by yesterday's proceedings, will be as satisfactory as can be desired.

We have recently placed on record in these columns a sketch of the attractive programme the directors have arranged for the season, now so auspiciously commenced. To this at present we shall not make further allusion, but shall give, for the benefit of those who unfortunately were not present, an outline of the inaugural events.

At ten o'clock the park was thrown open, and its broad slopes were soon dotted with gaily-dressed pleasure-seekers, who found plenty to occupy their attention in the magnificent views of country which met their gaze wherever they turned, or in inspecting the admirably arranged racecourse and its commodius grand stand, which forms so conspicuous an object in the lower portion of the park.

At twelve o'clock the Palace itself was opened, and that without ceremony, if we may except the firing of a salvo of bombs, whose roar we interpreted to be in honour of her Majesty's birthday as much as an announcement of the great event of the day. Of the first we may say that a more brilliant display has never yet been witnessed, the whole length of the nave presenting a tout ensemble which will not readily be forgotten by those who saw it. The extent of the show may be guessed when we state that it comprised not fewer than seventy classes for flowers and twenty for fruit.

Here were azaleas one mass of blossom; exotic orchids which sent us home envious of their owners; roses which shed their fragrance far and near; pelargoniums, tree ferns, stove and green-house plants; to say nothing - and we could say much, did space permit - of a choice array of cut flowers, of pansies, and of wedding and opera bouquets.

Turner, Slough; Veitch and Co. But then the fruit! Our very mouth waters as we think of it. It was cruel to place such deliciously juicy jewels in our way and to forbid us to taste.

What grapes were there! We looked and we longed, and what we confess of ourselves was true of everybody else. There was one dish in front of which lay a placard bearing the statement "This fruit may be cut. It was all gone, and everybody who came near passed on with the exclamation "How provoking. Come we now to the concert. This took place at three o'clock in the centre transept, where were assembled a splendid band and chorus, numbering about 1, performers, under the direction of Sir Michael Costa, whose appearance was the signal for a storm of cheers.

The programme, which was a long and admirably-selected one, of course opened with the National Anthem, and the gems of the concert may be chronicled as follows, viz. The day's arrangements also included performances by Mr F. The Concert Hall, which has been built in the north-west transept, and which is to be capable of seating 8, persons, is not yet completed, and was not open yesterday.

Nor did any performance take place on the stage of the great Theatreconcerning which we have already given some particulars. The curtain, however, was up, and we had an opportunity of admiring a charming piece of landscape scenery, the work, we imagine, of Meessrs Grieve and Son.

The Theatre next week will, to use an expressive phrase, be "in full swing," for here on Monday we are promised a grand spectacle in three tableaux entitled Azurine; or, the Spirit of the Waters. When we say that Mdlle Sangalli, of whose ability we have already had an opportunity of judging, has been engaged as premiere danseuse, and that the whole of the spectacle will be under the able direction of Mr J.

Milano, we have said enough to assure everybody that the entertainment will be of a most attractive character. The picture galleries yesterday were literally thronged, and, indeed, at this there was little cause for wonder. It is to the spirit of a gentleman whose name we are not permitted to mention that this really delightful collection has been brought together here for the delectation of the public.

Here are the means of gratification worth twenty times the sum charged for admission to the Palace, and we have little doubt that the picture gallery will prove one of the most popular of its numerous attractions. A peep at the tapestry room will send the curious in such matters away as astonished as delighted. To the liberality of Mr G. Attenborough we owe this choice exhibition of work which, it is estimated, is about years old, and the brilliant beauty of whose colours and designs time has not been able to efface.

The subjects are chiefly taken from the career of Scipio, and both in execution and conception we may fairly say that better specimens of tapestry work have never come before our notice. The sculpture within the building will be found to well repay inspection.

It has been entirely arranged under the guidance of M. Within the limits at our disposal we are not able to do justice to this and many other departments which deserve, and in due course will receive, proper consideration. To say that the interior arrangements of the Palace are complete would be to state that which is not. The rapidity, however, with which order has been brought out of chaos, reflects not a little credit on Mr Redgrave, the Manager, and upon his little army of assistants. The refreshment department, as already announced, is in the very competent hands or Messrs Bertram and Roberts.

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These gentlemen were tried for a number of years at the Crystal Palaceand were never found wanting. Here they are sure to add to their laurels, and we may hint the fact, which will be very acceptable to the public, that their prices are as moderate as it is possible to make them, and that the presence within the Palace of a thirsty soul is not made the excuse for charging him double what he would have to pay outside.

The faith which the public have in these caterers was shown in the eagerness with which their "bars" were beseiged, and by the host of hungry ones who betook themselves to the grand banqueting all in the grounds, and there regaled themselves with all the delicacies of the season which their purses could afford. For the benefit of those who are not partial to climbing hills we may mention that the new station, which brings the visitor to the very doors of the centre transept, is now open, and that yesterday the traffic over the new line, which runs through a remarkably pretty country was conducted without the slightest hitch or accident.

We cannot conclude this rapid sketch of the inaugural festival without a word of thanks in acknowledgment of the courtesy experienced by the representatives of the Press at the hands of the Messrs Trendell.

Over the years it has been put to many different uses but it is probably best remembered today as being the home of the British Broadcasting Company BBC who began broadcasting their 'high definition television service' from the Palace in Although the BBC soon had other buildings to work from they continued to use the Alexandra Palace for years afterwards, and their radio and television mast which dominates the building is still in use today see image above.

The BBC's original television studios A and B are still inside the building along with their galleries. The ERA reported on the occasion in their May the 9th edition saying: One great merit in the programme selected for the first performance in the Theatre was that it was not too long.

Now that bright sunshine, full-foliaged trees, and lovely flowers tempt the Londoner to visit Muswell-hill, the charming grounds will naturally become an attractive feature, and, without disparagement to the Theatre, it may safely be concluded that a pretty operetta lasting about an hour, with a brilliant ballet occupying a similar period of time, will be quite sufficient to make the necessary variety in the programme. The entertainments on Monday, though, owing to a first performance, naturally occupying more time than they will ultimately do, were extremely successful, and the appearance of the Theatre indicated that the greatest care had been taken in this department.

It is large and lofty, and to those accustomed to the Metropolitan houses will appear remarkably wide. This is a good feature, because, owing to the numbers to be accommodated on highdays and holidays, the great width will enable a much huger number to hear and see well.

In these important qualifications we must pronounce the Alexandra Palace Theatre a complete success, for taking our places in various parts of the house, we found there was little perceptible difference in its acoustic properties, and even at the extreme end of the building the singers in the operetta could be heard with the greatest distinctness, although of course there was some diminution of effect in the dialogue.

So far visitors to the Alexandra Palace who delight in theatrical performances may be decidedly congratulated. We are glad to perceive that the Theatre has not been divided and subdivided so as to spoil its noble proportions, while ample accommodation is provided. Fronting the stage there are two balconies of graceful curve, which, unlike similar erections in London Theatresdo not reach so far as the proscenium.

The area is simply vast, and the gradual rise from the stage to the back of the house is such as to afford every individual spectator a good view of what is going on upon the stage.

The lighting is arranged by circular gaseliers suspended from the ceiling, a great improvement upon the objectionable "sun-lights'' now so much in fashion, but which to our thinking utterly destroy the charming effects of colour and the agreeable diffusion of light and shade which used in old times to be a graceful characteristic of the auditorium. The side windows, which light the Theatre when no performance is going on, are during representation blocked up with dark screens. The stage is wide, and this proscenium almost square, having on each side a statue in a recess.

The act-drop is a classical pile of antique buildings. The decorations of the Theatre are of a more subdued character than in other portions of the Palace, and wisely so, in order that the greatest brilliancy may be seen upon the stage. With regard to the important subject of ventilation we are disposed to think that here some improvement may yet be made. The Theatre was certainly rather hot at times during the performance, which commenced at three o'clock with Offerbach's bright and tuneful operetta Breaking the Spell.

The three characters of the operetta were sustained as follows: Breaking the Spell, if far from being a novelty, was well adapted for the occasion, and went uncommonly well. The duet "To the war I go," for Miss Ashton and Mr Wilferd Morgan, was cleverly rendered and so also was the military duet between Jenny and the old pensioner, Mr Temple delineating the character with due effect, and singing with great spirit, especially in the air where he breaks the violin.

The orchestra, was conducted by Mr.