Chicago & Western Indiana R. R. Co. v. Ketchem

It is not claimed by appellee’s counsel, and in view of the evidence can not be claimed, that the brakeman, O’Brien, had express authority to remove trespassers from the train, but counsel claim that the brakeman’s authority so to do was within the scope of his employment as brakeman, and that the jury were warranted in so finding, and cites decisions of other States to that effect. But, whatever may be the law in other States, we think it conclusively settled in this State, that such authority can not be assumed to be possessed by a brakeman, and that in the absence of proof, it can not be…