Southern Ry. Co. v. Eaks

The plaintiff’s evidence showed that he was injured as a result of being violently ejected or forced' by one of defendant’s servants from one of its trains, and the jury could infer that said servant was acting within the line or scope of his authority. True, he may. have had no express or implied authority to knock intruders or trespassers off with a club or stick, but if he had authority to eject or remove them, the mere fact that he did so with excessive force and violence would not render the act beyond the scope of employment so as to relieve the master from responsibility! Southern…