Union Depot & Railroad v. Smith
Supreme Court of Colorado
Appeal from the Superior Court of Denver. In December, 1883, while assuming to exercise police authority within the depot grounds of the appellants in the city of Denver, one E. II. Eust arrested the plaintiff Smith and placed him in confinement. At this time Smith was in the employ of Marrs & Middleton, baggage and transfer men doing business in that city.
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Appeal from the Superior Court of Denver. In December, 1883, while assuming to exercise police authority within the depot grounds of the appellants in the city of Denver, one E. II. Eust arrested the plaintiff Smith and placed him in confinement. At this time Smith was in the employ of Marrs & Middleton, baggage and transfer men doing business in that city. Smith’s duties required him to meet the incoming trains of the various roads entering the city and solicit from the passengers the transfer both of the people and their baggage- to their various destinations in the city. Whatever work was…
1Opinion of the Court
Bissell, O.
The offense for which the arrest was made was committed, if at all, by the violation of a municipal ordinance. To settle the rights of the plaintiff and determine the responsibilities of the defendant, the status of the individual who made the arrest must first be ascertained. The radical difference between the powers and duties of a regularly constituted 'police officer and those of a private person in respect of these matters make the inquiry fundamental and primary. A private individual could never take a person into custody or restrain him of his liberty because of the…
Also in this document: Per curiam.
2Cases cited7 opinions
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Burns v. . ErbenNew York Court of Appeals · 1869
- I. & G. N. R'y Co. v. GilbertTexas Supreme Court · 1885
- Neal v. . JoynerSupreme Court of North Carolina · 1883
- Draper v. BakerWisconsin Supreme Court · 1884
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Graham v. StateSupreme Court of Georgia · 1915
- Hobbs v. Illinois Central RailroadSupreme Court of Iowa · 1917
- Denver & Rio Grande Railroad v. HodgsonSupreme Court of Colorado · 1892
- Southwestern Portland Cement Co. v. ReitzerCourt of Appeals of Texas · 1911
- Ehrhardt v. WellsSupreme Court of Minnesota · 1916
4 more not listed; retrieve them via the Exa API.