Legal Opinion

Whitted v. Southwestern Telegraph & Telephone Co.

Court of Appeals for the Eighth Circuit

Decided March 9, 1916No. 4504PublishedCited by 1 opinion

In Error to the District Court of the United Stales for the Eastern District of Arkansas; Jacob Trieber, Judge. Action by Burt Whitted against the Southwestern Telegraph & Telephone Company.

1Opinion of the Court

ADAMS, Circuit Judge.

Whitted, the plaintiff below, brought this suit against the telephone comps ny to recover damages sustained by him by reason of an assault and battery committed by one John Grogan, *927alleged to have then been acting as agent of the company and within the scope of his employment. At the close of all the evidence the court instructed the jury to find a verdict for the defendant. This was done, and judgment was rendered for the defendant. Plaintiff prosecutes error.

The evidence tended to show that the defendant telephone company maintains a public office in the depot of the…

2Cases cited4 opinions

  1. New Jersey Steamboat Co. v. BrockettSupreme Court of the United States · 1887
  2. Texas & P. Ry. Co. v. ScovilleCourt of Appeals for the Fifth Circuit · 1894
  3. Goodwin v. Cincinnati Traction Co.Court of Appeals for the Sixth Circuit · 1910
  4. Pennsylvania Mining Co. v. JarniganCourt of Appeals for the Eighth Circuit · 1915

3Cited by1 opinion

  1. Nelson v. American-West African Line, Inc.Court of Appeals for the Second Circuit · 1936

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