McLeod v. New York, Chicago & St. Louis Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Andrew McLeod, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York oh the 20th day of November, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term.
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Appeal by the plaintiff, Andrew McLeod, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of New York oh the 20th day of November, 1901, upon the dismissal of the complaint by direction of the court after a trial at the New York Trial Term. The action was brought to recover for the unlawful arrest and detention of plaintiff by defendant’s servant, a railroad detective, while he was a passenger on its train from Chicago to New York. The plaintiff is an actor and was on his way east' to keep professional engagements previously made…
1Opinion of the Court
O’Beiw, J.:
The learned trial judge in dismissing the complaint took the ground that Wilkinson, in charging the plaintiff with the crime, in removing him from the train and in Subsequently placing him under *119arrest, was not acting within the scope of his employment; and the argument employed in reaching this conclusion, as shown by the oral opinion delivered at the close of the case, proceeded upon the theory that the arrest and imprisonment were not for the purpose of protecting the interests and property of the defendant.
As illustrative of what acts of the employee of a corporation are within…
2Cases cited3 opinions
- Stewart v. . Brooklyn and Crosstown R.R. Co.New York Court of Appeals · 1882
- Mulligan v. New York & Rockaway Beach Railway Co.New York Court of Appeals · 1892
- Wells v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by2 opinions
- D'Utassy v. BarrettAppellate Division of the Supreme Court of the State of New York · 1916
- Middleton v. WhitridgeAppellate Division of the Supreme Court of the State of New York · 1913