Robinson & Co. v. Greene
Supreme Court of Alabama
False Imprisonment. Appeal from Limestone Circuit Court. Heard before Hon. Paul Speaks. . Action by Adam Green against C.' N. Robinson & Co., and others. From a judgment for plaintiff, defendants appeal.
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False Imprisonment. Appeal from Limestone Circuit Court. Heard before Hon. Paul Speaks. . Action by Adam Green against C.' N. Robinson & Co., and others. From a judgment for plaintiff, defendants appeal. The case made by the pleadings is that the appellee went to the plantation of appellants under a presumed contract to herd and drive some cattle from this plantation to Decatur, and after reaching the plantation was detained under guard by the agent in charge of the place for more than two years, and caused to work and labor without pay for a' period of time named in the complaint. The third…
1Opinion of the CourtHaralson, J.
— We considered the assignments of error as presented by defendants’ counsel.
If the. fact of agency or the authority of an agent and its extent, is not evidenced by a written instrument, but rests in parol and is a matter.of dispute, it becomes a question of fact to be determined by the jury from the evidence. Whatever evidence tends to prove the agency is admissible.— Birmingham M. R. R. Co. v. T. G. I. & R. Co., 127 Ala. 137, 28 South. 679; S. & N. A. R. R. Co. v. Henlein, 52 Ala. 610, 23 Am. Rep. 578.
It is not necessary to a principal’s liability in false imprisonment, that the agent’s…
2Cases cited10 opinions
- Wilson v. StateSupreme Court of Alabama · 1883
- Warren v. WagnerSupreme Court of Alabama · 1883
- Gibson v. Snow Hardware Co.Supreme Court of Alabama · 1891
- Birmingham Mineral Railroad v. Tennessee Coal, Iron RailroadSupreme Court of Alabama · 1899
- McClung's Ex'rs v. SpotswoodSupreme Court of Alabama · 1851
5 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Doss v. StateAlabama Court of Appeals · 1929
- Albright v. OliverCourt of Appeals for the Seventh Circuit · 1992
- McGuff v. StateSupreme Court of Alabama · 1946
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- Standard Oil Co. v. DavisSupreme Court of Alabama · 1922
43 more not listed; retrieve them via the Exa API.