Hall v. Norfolk & W. R.

Beannon, Judge:

Hall brought an action of debt against the Norfolk and *37Western Railroad Company to recover the fixed penalty of five hundred dollars imposed upon railroads'by clause 5, .chapter 54, s. 83, Code 1891, for overcharge of rates, and recovered judgment, and the company sued out this writ of error. The first question of decisive importance is whether the act of the conductor in making the alleged overcharge binds the company, in the absence of evidence that it was ordered or ratified by it. It is clear that the principal is liable for a tort done by its agent, in an action for the…