Executors and administrators, at common law, are liable for the continuance of torts first committed by the deceased, W. Jones, 173 ; 5 Dan. Ky. 34 ; see 28 Ala. N. s. 360 ; Nit such continuance must be laid to be, as it — really is, the act of the executor. 1 Cowp, 373 ; Williams, Exec. 135'8 ; 13 Penn. St. 54; 1 Harr. Mich. 7.
28. Husband must be sued alone for his torts, and in detinue for goods delivered to himself and wife. 2 Bulstr. 308 ; 1 Leon. 312.
He may be sued alone for a conversion by the wife during coverture. 2 Roper, Hush. & W. 127.
idiots and lunatics are liable, civilly, for torts committed, IIob. 134 ; Bacon, Abr. Tres pass (G), though they may be capable of design. Broom, Part. 281. But if the lune, tic is under control of chancery, proceedings must be in that court, or it will constitute a contempt. 3 Paige, Ch. N. Y. 199.
Infants may be sued in actions ex delicto, whether founded on positive wrongs or con structive torts, 21 Kent, Comm. 241 ; Broom, Part. 280 ; Coke, Litt. 180 b, n. 4 : as, in de. tinue for goods delivered for a specific pur pose, 4 Bos. & P. 140; for tortiously convert ing or fraudulently obtaining goods, 3 Pick. Mass. 492 ; 5 Hill, N. Y. 391 ; 4 M'Cord, So. C. 387 ; for uttering slander 8 Term, 337 ; but only if the act be wholly tortious and disconnected from contract. 8 Term, 35 ; 6 Watts, Penn. 1 ; 6 Cranch, 226.
Lessor and lessee are respectively liable for their part of the tort in case of a wrong com menced by one and continued by the other: as, for example, a nuisance. 2 Salk. 460;
Broom, Part. 253 ; Woodfall, Landl. & Ten. 671.
29. Master is liable for a negligent tor tious act or default of his servant while act ing within the scope of his employment, 6 Cow. N. Y. 189 ; 1 Pick. Mass. 465 ; 2 Gray, Mass. 181 ; 23 N. H. 157 ; 16 Me. 241; 5 Rich. So. C. 44 ; 18 Mo. 362, although not in his id:mediate employ, 5 Barnew. & C. 554 ; 8 Ad. & E. 109 ; see 3 Gray, Mass. 349 ; for the direct effect of such negligence, 17 Mass. 132 ; but not to one servant for the neglect of another engaged in the same general busi. ness, 36 Eng. L. & Eq. 486 ; 4 Mete. Mass. 49 ; 3 Cush. Mass. 270 ; 23 Penn. St. 384 ; 15 Barb. N. Y. 574; 6 Ind. 205 ; 22 Ala. x. s. 294 ; 23 Me. 269 ; 4 Sneed, Tenn. 36 ; see 5 Du. N. Y. 39 37 Eng. L. & Eq. 281, if the servant injured be not unnecessarily exposed. 28 Vt. 59 ; 6 Cal. 209 ; 4 Sneed, Tenn. 36.
And the servant is also liable: 1 Shars wood, Blackst. Comm. 431, n. For wilful acts.
9 Carr. & P.607 ; 3 Barb. 42, for those not com mitted while in the master's service, 26 Penn. St. 482, or not within the scope of his em ployment, he alone is liable.
Partners may be sued separately for acts of the firm, its agents or servants. 4 Gill, Md. 406 ; 1 Carr. & M. 93 ; 17 Mass. 182 ; 1 Mete. Mass. 560 ; 11 Wend. N. Y. 571 ; 18 it/J.75.