Legal Opinion

Daniel v. Railroad

Supreme Court of North Carolina

Decided November 22, 1904PublishedCited by 89 opinions

ActioN by S. M. Daniel against the Atlantic Coast Line Railroad Company, heard by Judge M. Ií. Justice, at March Term, 1904, of the Superior Court of Pitt County. This is an action for malicious prosecution and false arrest and imprisonment. The plaintiff was accused and prosecuted by the agent of the defendant at Greenville of stealing money from its office at that place of which the agent had charge.

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ActioN by S. M. Daniel against the Atlantic Coast Line Railroad Company, heard by Judge M. Ií. Justice, at March Term, 1904, of the Superior Court of Pitt County. This is an action for malicious prosecution and false arrest and imprisonment. The plaintiff was accused and prosecuted by the agent of the defendant at Greenville of stealing money from its office at that place of which the agent had charge. The testimony necessary to be stated was in substance as follows: The plaintiff is a young man thirty years of age, a native of Pitt County and now a resident of Golds-boro. On the day of his…

1Opinion of the Court

Walkkr, J\,

after stating the facts. The foregoing statement of the testimony is sufficient to present the point upon which the case turns, namely, the authority of the agent of the defendant to cause the arrest to be made. We are not concerned so much with the manner in which the arrest of the plaintiff was made as we arc with the question whether the defendant, who was the principal of Atkinson and Meacham, is to be charged with liability for their tortious acts. That their conduct towards the plaintiff was inexcusable, if not criminal, and justly provokes the resentment of every good and…

2Cases cited15 opinions

  1. Mali v. . LordNew York Court of Appeals · 1868
  2. Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
  3. Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890
  4. Francis v. W. J. & J. G. Edwards & Co.Supreme Court of North Carolina · 1877
  5. Markley v. SnowSupreme Court of Pennsylvania · 1904

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3Cited by89 opinions

  1. Winn & Lovett Grocery Co. v. ArcherSupreme Court of Florida · 1936
  2. Sawyer v. RailroadSupreme Court of North Carolina · 1906
  3. Dickerson v. . Refining Co.Supreme Court of North Carolina · 1931
  4. Bushardt v. United Investment Co.Supreme Court of South Carolina · 1922
  5. Roberts v. RailroadSupreme Court of North Carolina · 1906

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