Atchison, Topeka & Santa Fé Railroad v. Watson
Supreme Court of Kansas
Error from, Shawnee Superior Court. Action to recover damages for a malicious prosecution, brought against The A. T. & S. F. Rid. Co. and William Higgins, in the superior court of Shawnee county.
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Error from, Shawnee Superior Court. Action to recover damages for a malicious prosecution, brought against The A. T. & S. F. Rid. Co. and William Higgins, in the superior court of Shawnee county. Leon Watson, the plaintiff below, was arrested at Topeka, on the 15th day of April, 1884, on complaint sworn to by William Higgins, an agent and employé of the railroad company, charging Watson with unlawfully, feloniously and willfully displacing a switch connected with the line of the railroad at Osage City, Osage county. Watson was taken to Osage county, and confined in the county jail from April…
1Opinion of the Court
*780Opinion by
Simpson, C.:
I. The first complaint made by counsel for plaintiff error in their brief is, that the verdict of the jury is an illogical one. The line of reasoning by which they arrive at such conclusion is about this: The plaintiff below sought to hold the railroad company liable for the act of its agent, William Higgins, under the doctrine of respondeat superior. Higgins was joined with the railroad company as defendant in the action, both for this purpose and the additional reason that he was personally liable for the wrong committed. The liability of the railroad company is…
2Cases cited4 opinions
- Stewart v. SonnebornSupreme Court of the United States · 1879
- Heyne v. . BlairNew York Court of Appeals · 1875
- Maytag v. Vaughn & SonsSupreme Court of Iowa · 1883
- Gee v. CulverOregon Supreme Court · 1883
3Cited by17 opinions
- Nelson v. MillerSupreme Court of Kansas · 1980
- Gary D. Patton, Cross-Appellant v. Albert E. Guyer, Martha Frances Guyer, Howard Fisher, D/B/A Fisher's I.G.A., Cross-AppelleesCourt of Appeals for the Tenth Circuit · 1971
- Hess v. Oregon Baking Co.Oregon Supreme Court · 1897
- Messinger v. FultonSupreme Court of Kansas · 1953
- Thompson v. AndersonUtah Supreme Court · 1944
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