Johnston v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe superior court of Douglas, county: Charles Smith, Judge. This action was brought by the plaintiff, a minor, through his guardian against the defendant to recover for an assault and false imprisonment. The plaintiff on November 19, 1904, with some other hoys was playing on or near the right of way of defendant, and while one of the passenger trains was passing one of the hoys threw a stick at it, striking the trucks of one of the cars.
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Appeal from a judgment of tbe superior court of Douglas, county: Charles Smith, Judge. This action was brought by the plaintiff, a minor, through his guardian against the defendant to recover for an assault and false imprisonment. The plaintiff on November 19, 1904, with some other hoys was playing on or near the right of way of defendant, and while one of the passenger trains was passing one of the hoys threw a stick at it, striking the trucks of one of the cars. The following afternoon one Gallagher, a watchman of the defendant, went to the home of plaintiff, placed his hand on plaintiff’s…
1Opinion of the CourtKerwin, J.
The errors relied upon by appellant and discussed raise the following questions: (1) Whether the night watchman, Gallagher, had authority to investigate the matter of throwing the stick at defendant’s car; and (2) whether •Gallagher was acting within the scope of his authority when he arrested and imprisoned the plaintiff. Whether Gallagher was acting within the scope of his duty and had authority to protect passenger cars was submitted to the jury. The jury were instructed that, if they found it was the duty of Gallagher to look after passenger cars, his authority embraced efforts to…
2Cases cited24 opinions
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Cosgrove v. . OgdenNew York Court of Appeals · 1872
- Daniel v. RailroadSupreme Court of North Carolina · 1904
- Mali v. . LordNew York Court of Appeals · 1868
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- Smith v. Yellow Cab Co.Wisconsin Supreme Court · 1920
- McInerney v. United Railroads of San FranciscoCalifornia Court of Appeal · 1920
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