Legal Opinion

Jackson v. Telegraph Co.

Supreme Court of North Carolina

Decided October 17, 1905PublishedCited by 44 opinions

ActioN by L. C. Jackson against American Telephone and Telegraph Company of North Carolina, heard by Judge G. 8. Ferguson and a jury, at the May Term, 1905, of the Superior Court of Cumberland County. From a judgment for the plaintiff, the defendant appealed. Plaintiff brought this action to recover damages for false imprisonment.

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ActioN by L. C. Jackson against American Telephone and Telegraph Company of North Carolina, heard by Judge G. 8. Ferguson and a jury, at the May Term, 1905, of the Superior Court of Cumberland County. From a judgment for the plaintiff, the defendant appealed. Plaintiff brought this action to recover damages for false imprisonment. He alleged that one McManus caused a warrant to be issued by a magistrate for his arrest upon the charge of an assault with a gun, and that he was taken into custody by the sheriff and confined in jail for about a day. There was evidence tending to prove the false…

1Opinion of the Court

Walkee, J.,

after stating the case: The principal questions discussed in this court related to the competency of the acts of McManus as proof of his agency for the defendant, and to the liability of the defendant for his conduct in unlawfully causing the plaintiff’s arrest. The defendant’s counsel contended that no authority to bind the defendant had been shown, and that his acts were not competent to show any such authority, but that it must be established, if at all, by evidence independent of his acts and declarations. It is common learning that acts and declarations of a third person are…

2Cases cited24 opinions

  1. Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
  2. Milwaukee & St. Paul Railway Co. v. ArmsSupreme Court of the United States · 1876
  3. Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
  4. Daniel v. RailroadSupreme Court of North Carolina · 1904
  5. Hussey v. Norfolk Southern RailroadSupreme Court of North Carolina · 1887

19 more not listed; retrieve them via the Exa API.

3Cited by44 opinions

  1. Hodges v. WilsonSupreme Court of North Carolina · 1914
  2. Clark v. Patapsco Guano Co.Supreme Court of North Carolina · 1907
  3. Carpenter, Baggott & Co. v. HanesSupreme Court of North Carolina · 1914
  4. Melton v. RickmanSupreme Court of North Carolina · 1945
  5. Bucken v. South & Western Railway Co.Supreme Court of North Carolina · 1911

39 more not listed; retrieve them via the Exa API.

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