Legal Opinion

Rucker v. Barker

Texas Supreme Court

Decided February 28, 1917No. 2502PublishedCited by 20 opinions

’ Error to the Court of Civil Appeals for the Third District, in an appeal from McLennan County. Barker, as next friend for Dyer, a minor, sued Rucker for false imprisonment, and recovered actual and exemplary damages. Defendant appealed, and on affirmance obtained writ of error.

1Opinion of the CourtChief Justice Phillips

The .suit was by A. M. Barker, as next friend of John Dyer, a minor, against H. D. Rucker for the recovery of damages for Dyer’s false imprisonment by one J. J. Roberts. Rucker was the proprietor of a medicine show conducted at the time in the City of Waco in a tent. Roberts was a deputy constable of the justice precinct, and likewise in the employ of Rucker to preserve order on the show grounds at night. On the night of the occurrence out of which the suit, arose, Dyer, who had purchased a reserved seat in the tent, became engaged in an argument with another patron as to which was entitled…

2Cited by20 opinions

  1. Heath v. BoydTexas Supreme Court · 1943
  2. Kroger Company v. WarrenCourt of Appeals of Texas · 1967
  3. Mansfield v. C.F. Bent Tree Apartment Ltd. Partnership, Texas Court of Appeals, 3rd District (Austin)2001
  4. Dupree v. Piggly Wiggly Shop Rite Foods, Inc.Court of Appeals of Texas · 1976
  5. Thomas v. CNC Investments, L.L.P., Texas Court of Appeals, 1st District (Houston)2007

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