Canfield v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Grundy Circuit Court.—Hon. Paris C. Stepp, Judge. (1) A principal is not responsible for tbe torts of bis agent, unless tbe act constituting tbe tort was authorized or ratified, and in actions brought for damages resulting from tbe tort tbe question of authority or ratification should be submitted to the jury. Edelman v. St. Louis Transfer Go,, 3 Mo.
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Appeal from the Grundy Circuit Court.—Hon. Paris C. Stepp, Judge. (1) A principal is not responsible for tbe torts of bis agent, unless tbe act constituting tbe tort was authorized or ratified, and in actions brought for damages resulting from tbe tort tbe question of authority or ratification should be submitted to the jury. Edelman v. St. Louis Transfer Go,, 3 Mo. App. 503; Hogan^v. Railroad, 3 R. I. 88; Groher v. Railroad, 36 Wis. 658. (2) The court should never, by instructions or otherwise, intimate to the jury what damages the evidence authorizes. An instruction that they may allow any…
1Opinion of the CourtGill, J.
This is an action for damages because of an assault on the plaintiff’s person, committed by defendant Pox, December 22, 1892, at Altmont station, in Davies county, -on the line of the Chicago, Rock Island & Pacific Railway. At the trial below there was a verdict and judgment for $2,000 against all the defendants and they have appealed.
The material facts are undisputed. For some time prior to December 8, 1892, plaintiff, Canfield, had been in the employ of the Rock Island Railway Company as ticket agent and telegraph operator at Cameron, Missouri . During the time, too, and since, defendant…
2Cases cited5 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Evansville & Terre Haute Railroad v. McKeeIndiana Supreme Court · 1885
- Boogher v. Life Ass'n of AmericaSupreme Court of Missouri · 1882
3Cited by15 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- McNamara v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Yazoo & Mississippi Valley Railroad v. WilliamsMississippi Supreme Court · 1905
- Shamp v. LambertMissouri Court of Appeals · 1909
- Messenger v. FryeWashington Supreme Court · 1934
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