St. Louis, Iron Mountain & Southern Railway Co. v. Jones
Supreme Court of Arkansas
Appeal from White Circuit Court; Hance N. Hutton, Judge; statement by the court. Lindsay Jones, by N. A. Ford, his mother and next friend, brought this suit against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries received by him while attempting to hoard one of defendant’s local freight trains.
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Appeal from White Circuit Court; Hance N. Hutton, Judge; statement by the court. Lindsay Jones, by N. A. Ford, his mother and next friend, brought this suit against the St. Louis, Iron Mountain & Southern Railway Company to recover damages for injuries received by him while attempting to hoard one of defendant’s local freight trains. Lindsay Jones testified in his own behalf, and stated the circumstances connected with the happening of the accident substantially as follow's: He was a white person, and was 19 years old when he was injured. He had been at Bald Knob, a station on defendant’s…
1Opinion of the Court
HarT, J.,
(after stating the facts). It is the contention of the plaintiff that he made a contract with the conductor of one of the defendant’s local freight trains to carry him from Bald Knob to Higginson in consideration of services -to be performed by him in assisting the train crew in loading and unloading freight.
The undisputed evidence shows that the conductor did not have express authority to make such contract. Did he have implied authority» to make it? The general rule is that the agent has the implied authority to do all things which are reasonably necessary to effectuate the main…
2Cases cited8 opinions
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Rhodes v. Georgia Railroad & Banking Co.Supreme Court of Georgia · 1890
- Everhart v. Terre Haute & Indianapolis RailroadIndiana Supreme Court · 1881
- Church v. Chicago, Milwaukee & St. Paul Ry. Co.Supreme Court of Minnesota · 1892
- Vassor v. RailroadSupreme Court of North Carolina · 1906
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Arkansas Valley Feed Mills, Inc. v. Fox De Luxe Foods, Inc.Court of Appeals for the Eighth Circuit · 1960
- Booth & Flynn v. PriceSupreme Court of Arkansas · 1931
- Brumfield v. Consolidated Coach CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
- M. N. Bleich & Co. v. EmmettCourt of Appeals of Texas · 1927
- Henry Quellmalz Lumber & Manufacturing Co. v. HaysSupreme Court of Arkansas · 1927
7 more not listed; retrieve them via the Exa API.