St. Louis, Iron Mountain & Southern Railway Co. v. Sims
Supreme Court of Arkansas
Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This suit was brought by the appellee, through his next friend, to recover damages for alleged false imprisonment of the appellee.
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Appeal from Hot Spring Circuit Court; W. H. Evans, Judge; STATEMENT BY THE COURT. This suit was brought by the appellee, through his next friend, to recover damages for alleged false imprisonment of the appellee. The complaint alleged that James Sims was a passenger upon the defendant’s train from Benton to Little Rock, Arkansas, and that while a passenger defendant’s officers and agents seized and imprisoned the plaintiff and compelled him to go with them to the police station in Little Rock and there imprisoned him for six days without probable cause and without any right or authority to do…
1Opinion of the Court
Wood, J.,
(after stating the facts). Conceding that the conductor, Bass, and the special agent, Lambert, were instrumental in causing the arrest and imprisonment of appellee Still there is no testimony tending to prove that in so doing they were acting within the line of their duty or within the scope of their authority as the agents of the appellant. The burden was upon the appellee to show that these agents of the appellant, in making the arrest and causing the imprisonment of appellee, were acting within the scope of their authority, real or apparent. The testimony does not show that the…
2Cases cited1 opinion
- Mayfield v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
3Cited by2 opinions
- Missouri Pacific Railroad v. YanceySupreme Court of Arkansas · 1929
- Frisell v. SurryWashington Supreme Court · 1919