Southern R'y Co. v. Shirley
Court of Appeals of Kentucky
Case 108. — ACTION BY HENRY SHIRLEY AGAINST THE SOUTHERN RY. CO. IN KY. FOR FALSE IMPRISONMENT. Appeal from Garrard Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Tine petition does not state a cause of action. (I.) In failing to state what was the agent’s authority. (Smith y. Railway Co., 124 Ind., 394; 24 N. R., 753; Sekator v. Lamon, 26 R. I., 125; 58 Atl.
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Case 108. — ACTION BY HENRY SHIRLEY AGAINST THE SOUTHERN RY. CO. IN KY. FOR FALSE IMPRISONMENT. Appeal from Garrard Circuit Court. W. C. Bell, Circuit Judge. Judgment for plaintiff. Defendant appeals. POINTS AND AUTHORITIES. 1. Tine petition does not state a cause of action. (I.) In failing to state what was the agent’s authority. (Smith y. Railway Co., 124 Ind., 394; 24 N. R., 753; Sekator v. Lamon, 26 R. I., 125; 58 Atl. Rep., 456.). (2.) In failing to allege that arrest complained of was without probable cause. (Dierig v. South Covington Street Ry., 24 Ky, Law Rep., 1825; Maddox v.…
1Opinion of the Court
Opinion of the court by
Judge Nunn
Affirming.
The appellee instituted this action in the Garrard Circuit Court againslt the appellant for false imprisonment, and upon a trial recovered a verdict for $1,500, upon which judgment was entered, and from which appellant ha.s appealed.
The appellee alleged in his petition and proved upon the trial the following state of facts; “Plaintiff states that he is a citizen and resident of Garrard county Ky., and was such on the 25th day of July, 1903, and on said 25th day of July 1903, the defendant, Southern Railway in Kentucky, by and through its agent and…
2Cases cited4 opinions
- Comer v. KnowlesSupreme Court of Kansas · 1877
- Wilkinson v. ArnoldIndiana Supreme Court · 1858
- McConnell v. KennedySupreme Court of South Carolina · 1888
- Hobbs v. RaySupreme Court of Rhode Island · 1892
3Cited by7 opinions
- Adair v. WilliamsArizona Supreme Court · 1922
- Roberts v. ThomasCourt of Appeals of Kentucky · 1909
- Lane v. BallOregon Supreme Court · 1916
- Brown v. Meier & Frank Co.Oregon Supreme Court · 1938
- Kredit v. RyanSouth Dakota Supreme Court · 1942
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