St. Louis, Iron Mountain & Southern Railway Co. v. Boyle
Supreme Court of Arkansas
Appeal from Saline Circuit Court; Alexander M. Duffle, Judge; The relation of master and servant did not exist, and there could, therefore, he no recovery in this case.
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Appeal from Saline Circuit Court; Alexander M. Duffle, Judge; The relation of master and servant did not exist, and there could, therefore, he no recovery in this case. Kirby’s Digest, § 5856; 71 Ga. 301; 161 Mass. 391; 75 Ala. 606; 42 Ark. 542. The rule of respondeat superior does not apply unless the relation of master and servant exists. 50 111. App. 513. Appellant’s agents had entire control of the work done by the convicts and the manner in which it should be done, and it was liable. 42 Ark. 542; 72 Ark. 167. The issue has been fully and fairly presented in appellee’s 6th and 7th and…
1Opinion of the CourtHill, C. J.
W. L. Reaves leased convicts from the State and hired them to the Iron Mountain Railway Company to do work upon the roadbed and repairing the track, which had been damaged by washouts. Boyle was a foreman in charge of a convict gang. Craft was foreman of another convict gang. Both foremen were under Welch, roadmaster, who had charge of the work. Campbell, a convict under Craft, was placed by Craft in charge of certain tools used in the work. Boyle needed some such tools, and was directed by Welch to get them from Craft’s gang. He sent one of his hands, a trusty convict, for them, but Campbell…
2Cases cited4 opinions
- Buckalew v. Tennessee Coal, Iron & RailroadSupreme Court of Alabama · 1895
- Baltimore Boot & Shoe Manufacturing Co. v. JamarCourt of Appeals of Maryland · 1901
- Ward v. YoungSupreme Court of Arkansas · 1884
- Porter v. Waters-Allen, etc., Co.Tennessee Supreme Court · 1895
3Cited by5 opinions
- Chattahoochee Brick Co. v. GoingsSupreme Court of Georgia · 1910
- Holman v. Houston Oil Co. of TexasCourt of Appeals of Texas · 1912
- Mississippi River Fuel Corp. v. MorrisSupreme Court of Arkansas · 1931
- Alfred Watland and Superwood Corporation v. John WaltonCourt of Appeals for the Eighth Circuit · 1969
- Taylor v. Arkansas Light & Power Co.Supreme Court of Arkansas · 1927