Wise v. Covington & Cincinnati Street Railway Co.
Court of Appeals of Kentucky
Case 99 — PETITION ORDINARY — APPEAL PROM KENTON CIRCUIT COURT. Brief not in record. To entitle the appellant to maintain an action against the appellee for the alleged assault committed, it devolved upon him to show that the act complained of was done in the course of the servant’s employment. (Shearman & Redfield on Negligence, 4th ed., sec. 152; 'Winnegar’s Adm’r v. Central Passenger Railway Co., 85 Ky., 552; Sherley v Billings, 8 Bush, 147.)
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
Tlie appellant, as' is alleged in Ms petition, wMle a passenger on the street-car of the appellee, was insulted and abused by the driver in such a manner as caused him to leave the car, when he was pursued by the driver and beaten with an iron rod, to his great injury. The appellee, in its answer, denies the insult or the beating by the driver, and for further defense says that the appellant abused and assaulted the agent of the defendant while he was a passenger, and after leaving the car and reaching the street away from the car, abused and…
2Cases cited4 opinions
- Winnegar's Administrator v. Central Passenger Railway Co.Court of Appeals of Kentucky · 1887
- State ex rel. Demuth v. WilliamsSupreme Court of Missouri · 1871
- Riddle v. ParkeIndiana Supreme Court · 1859
- Cooke v. WilliamsonIndiana Supreme Court · 1858
3Cited by14 opinions
- Davis v. MerrillSupreme Court of Virginia · 1922
- New Ellerslie Fishing Club v. StewartCourt of Appeals of Kentucky · 1906
- Hoeffen v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
- Savannah Electric Co. v. McCantsSupreme Court of Georgia · 1908
- Nesbit v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1913
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