DEVIATION

Definition of DEVIATION in Black's Law Dictionary 4th Edition – Legal dictionary – Glossary of legal terms.

Definition of DEVIATION

In General

A change made in the progress of a work from the original terms or design, or method agreed upon. Ward v. City of Monrovia, 16 Ca1.2d 815, 108 P.2d 425, 429.

A voluntary departure by railroad carrier, without necessity or reasonable cause, from the regi, lar or usual route or from a stipulated or customary mode of carriage. Ward v. Gulf, M. & N. R. Co., 23 Tenn.App. 533, 134 S.W.2d 917, 924.

In Insurance

Varying from the risks insured against, as described in the policy, without necessity or just cause, after the risk has begun. 1 Phil.Ins. § 977, et seq.; 1 Arn.Ins. 415, et seq. Hostetter v. Park, 137 U.S. 30, 11 Sup.Ct. 1, 34 L.Ed. 568. Any unnecessary or unexcused departure from the usual or general mode of carrying on the voy. age insured. 15 Amer. Law Rev. 108; Shackman v. Cunard White Star, D.C.N.Y., 31 F.Supp. 948, 951.

A voluntary departure without reasonable cause from the course of the voyage insured, or an unreasonable delay in pursuing the voyage, or the commencement of an entirely different voyage. The Chester Valley, C.C.A.La., 110 F.2d 592, 594; The Willdomino v. Citro Chemical Co. of America, 272 U.S. 718, 47 S.Ct. 261, 262, 71 L.Ed. 491.

In the Law of Master and Servant

A departure on the part of a servant from his master's service, for some purpose of his own. Jeffries v. Jodawelky, 304 Mich. 421, 8 N.W.2d 121, 122. The liability of the master to third persons injured by the servant depends on the degree of deviation and all the attending circumstances. Johnson v. Maryland Cass Co., C.C.A. Wis., 125 F.2d 337, 338. To exonerate the master, the deviation must be so substantial as to amount to an entire departure, and must be for purposes entirely personal to the servant. Thomas v. Lockwood Oil Co., 174 Wis. 486, 182 N.W. 841, 843. Contra, it is held that the test is whether master impliedly consented to route taken, and there can be no such thing as a slight deviation. Kalinowski v. Odlewany, 289 Mich. 684, 287 N.W. 344, 345. As to a distinction between "deviation," "temporary abandonment," and "complete abandonment," see Dockweiler v. American Piano Co., 94 Misc. 712, 160 N.Y.S. 270, 273.

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