Little Rock Traction & Electric Co. v. Walker
Supreme Court of Arkansas
Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. In an action for malicious prosecution, both malice and want of probable cause are essential elements. 33 Ark. 316. An agent of a corporation can bind his principal within only the real or apparent scope of his authority.
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Appeal from Pulaski Circuit Court. Joseph W. Martin, Judge. In an action for malicious prosecution, both malice and want of probable cause are essential elements. 33 Ark. 316. An agent of a corporation can bind his principal within only the real or apparent scope of his authority. Hence, to hold a principal liable in a suit for malicious prosecution by an agent, express authority of such agent to institute the criminal prosecution complained of must be shown. 78 Md. 394; 28 Atl. 615; 34 Am. Rep. 311; S. C. 51 Md. 290; 15 Fed. 200; 39 N. Y. 381; 6 Exch. 314; 7 Exch. 36; 2 L. R.' Q. B. Cases,…
1Opinion of the CourtBunn, C. J.
This is a suit for malicious prosecution by Albert Walker, the appellee, against the street car company of Little Rock. Judgment for plaintiff, and the defendant appeals.
Walker was a passenger on one of defendant’s cars, known as the “West Ninth car,” running from the west on Ninth street to the junction of the several car lines at the crossing of Ninth and Main streets, having paid his fare. When his car arrived at the junction, and was stopped, as usual, on the east track on Main street, and just north of Ninth street, plaintiff alighted from the same; and he took his seat at the…
2Cases cited4 opinions
- Mali v. . LordNew York Court of Appeals · 1868
- Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Central Railway Co. v. BrewerCourt of Appeals of Maryland · 1894
3Cited by9 opinions
- Mayfield v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
- McNeal v. MillarSupreme Court of Arkansas · 1920
- Hudson v. Philadelphia Life Ins. Co.Tennessee Supreme Court · 1926
- Dickinson v. MuseSupreme Court of Arkansas · 1918
- Schmidt v. New Orleans Rys. Co.Supreme Court of Louisiana · 1906
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