Miller-Brent Lumber Co. v. Stewart
Supreme Court of Alabama
Appeal from. Covington Circuit Court. Heard before H'on. H. A. Pearce. Action by M. G. Stewart against the Miller-Brent Lumber Company. Judgment for plaintiff, and defendant appeals. The following charges were refused the defendant: (t) General affirmative charge.
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Appeal from. Covington Circuit Court. Heard before H'on. H. A. Pearce. Action by M. G. Stewart against the Miller-Brent Lumber Company. Judgment for plaintiff, and defendant appeals. The following charges were refused the defendant: (t) General affirmative charge. (4) “The court charges the jury that, although they may believe that one was authorized to go through the gate in question, yet such authority did not carry with it authority to assault the plaintiff in attempting to go through; and, if Vaughan assaulted plaintiff without authority from the defendant, then the defendant is not…
1Opinion of the CourtMoCLELLAN, J.
Action for damages for an assault and battery alleged to have been committed on •appellee by an agent or servant, one Vaughan, of the appellant.
The chief question raised below and argued for appellant here is whether there was any evidence tending to siipport the averment that in so assaulting the plaintiff Vaughan was acting within the line and scope of his employment. It was admitted that at the time of •the occurrence Vaughan was in the defendant’s employ. It was further shown by tendencies of the evidence that Vaughan, with several teams and teamsters, *661was en route to haul logs for their…
2Cases cited6 opinions
- Robinson & Co. v. GreeneSupreme Court of Alabama · 1906
- Wood v. . PhillipsNew York Court of Appeals · 1870
- Beecher v. ParmeleSupreme Court of Vermont · 1837
- O'Donnell v. . McIntyreNew York Court of Appeals · 1890
- Steele v. MaySupreme Court of Alabama · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Roberts v. WilliamsSupreme Court of Alabama · 1916
- R. L. Stinson & East Coast Lumber Co. v. PrevattSupreme Court of Florida · 1922
- Pullman Co. v. MeyerSupreme Court of Alabama · 1915
- Axman v. Washington Gaslight Co.Court of Appeals for the D.C. Circuit · 1912
- Rochester-Hall Drug Co. v. BowdenSupreme Court of Alabama · 1928
17 more not listed; retrieve them via the Exa API.