The
true reason for this exceptional responsibility was the
exceptional confidence which was necessarily reposed in carriers
and innkeepers. /1/ But some of the jurists, who regarded the
surrender of children and slaves as a privilege intended to limit
liability, explained this new liability on the ground that the
innkeeper or ship-owner was to a certain degree guilty of
negligence in having employed the services of bad men? This was
the first instance of a master being made unconditionally liable
for the wrongs of his servant. The reason given for it was of
general application, and the principle expanded to the scope of
the reason.
The law as to ship-owners and innkeepers introduced another and
more startling innovation. It made them responsible when those
whom they employed were free, as well as when they were slaves.
/3/ For the first time one man was made answerable for the wrongs
of another who was also answerable himself, and who had a
standing before the law. This was a great change from the bare
permission to ransom one's slave as a privilege. But here we have
the history of the whole modern doctrine of master and servant,
and principal and agent. All servants are now as free and as
liable to a suit as their masters.
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