Wells Fargo & Co. Express v. Alexander
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George R. Haynie, Judge; The court’s instructions were erroneous as given, and it was error to refuse No. 7 for appellant. According to the undisputed evidence, it does not appear that O’Neal was acting in the line of his duty as agent when he made the assault.
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Appeal from Ouachita Circuit Court; George R. Haynie, Judge; The court’s instructions were erroneous as given, and it was error to refuse No. 7 for appellant. According to the undisputed evidence, it does not appear that O’Neal was acting in the line of his duty as agent when he made the assault. The court should have directed a verdict for appellant under the testimony. 93 Ark. 397; 75 Id. 579; 77 Id. 606. The master is not iiable for the acts of his servant that are beyond the scope of his employment. Cooley on Torts, 627; 33 Neb. 582; 83 Ark. 193; 4 Labatt on Master and Servant, § 1466;…
1Opinion of the CourtMcCulloch, C. J.
This is an action instituted by appellee to recover damages arising from an assault committed by one 0 ’Neal, alleged to be the agent of the two express companies who were defendants below, and who have prosecuted this appeal from the judgment rendered against them.
The express companies occupied, as a storage room and office, the baggage room of the St. Louis, Iron Mountain & Southern Railway Company at Malvern, Arkansas. The railway company erected a new passenger station at Malvern and prepared in the building a room for the use of the express companies. On February 23, 1916, the day the…
2Cases cited8 opinions
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- Davis v. HoughtellinNebraska Supreme Court · 1891
- Peter Anderson & Co. v. DiazSupreme Court of Arkansas · 1906
- Bryeans v. Chicago Mill & Lumber Co.Supreme Court of Arkansas · 1918
- Robinson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1914
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hunter v. First State Bank of MorriltonSupreme Court of Arkansas · 1930
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- Keller v. WhiteSupreme Court of Arkansas · 1927
- Southwestern Presbyterian Univ. v. ClarksvilleTennessee Supreme Court · 1923
- Page Lumber Company v. CarmanSupreme Court of Arkansas · 1949
6 more not listed; retrieve them via the Exa API.