Alabama & Vicksburg Railway Co. v. Harz
Mississippi Supreme Court
From the circuit court of Warren county. Hon. John N. Bush, Judge. Harz, the appellee, was plaintiff in the court below; tbe railway company and IVIoncure Dabney, appellants, were defendants there. Tbe action was trespass for an assault and battery committed by Dabney, who was the chief clerk of tbe railway company’s superintendent, upon plaintiff. From a judgment for $1,000 in plaintiff’s favor against both defendants they appealed to tbe supreme court.
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From the circuit court of Warren county. Hon. John N. Bush, Judge. Harz, the appellee, was plaintiff in the court below; tbe railway company and IVIoncure Dabney, appellants, were defendants there. Tbe action was trespass for an assault and battery committed by Dabney, who was the chief clerk of tbe railway company’s superintendent, upon plaintiff. From a judgment for $1,000 in plaintiff’s favor against both defendants they appealed to tbe supreme court. Harz was a stenographer and clerk in tbe office of tbe superintendent of tbe Alabama & Vicksburg Railway, and Dabney was chief clerk in tbe…
1Opinion of the CourtWhitfield, C. J.
The case of Richberger v. Express Company, 73 Miss., 161 (18 South. Rep., 922; 31 L. R. A., 390; 55 Am. St. Rep., 522), *686is decisive against liability on tbe part of tbe railroad company on the facts in this record.
On behalf of appellant, Dabney, it is said that the court erred in not allowing Dabney to state whether he was acting for himself-or the company in committing the assault. It is true that the court did first so refuse to let him testify, but in less than ten lines below the record shows that he was allowed to testify on this point. There is no merit, therefore, in this objection.
The…
2Cases cited2 opinions
- Richberger v. American Express Co.Mississippi Supreme Court · 1895
- Martin v. MinorMississippi Supreme Court · 1874
3Cited by6 opinions
- Hines v. ColeMississippi Supreme Court · 1920
- Wells v. Robinson Bros. Motor Co.Mississippi Supreme Court · 1929
- Country Club of Jackson v. TurnerMississippi Supreme Court · 1941
- Illinois Cent. R. v. GreenMississippi Supreme Court · 1922
- Louisville & N. R. v. CorlanderMississippi Supreme Court · 1922
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