Bates v. Southern Railway Co.

The theory of this petition is that the Southern Railway Company, as principal, through Waits, as agent, directed Sturdivant, chief of police, to shoot the petitioner, causing permanent injuries. The petition does not allege by direct statement that the railway company, by its agent, directed the chief of police to shoot the plaintiff, but undertakes to allege facts to show that such an agency existed as would make the alleged principal responsible for the acts of Sturdivant. In order to recover under this form of petition, the plaintiff must allege facts which would disclose that Waits, the…