Lowrey v. Missouri, Kansas & Texas Railway Co.

The opinion of the court was delivered by

Mason, J.:

J. A. Lowrey sued the Missouri, Kansas & Texas Railway Company, alleging that while a passenger on one of its trains he had been assaulted and beaten by the conductor and a porter. He recovered a judgment, from which the defendant appeals.

Complaint is made that the petition did not sufficiently allege, nor the proof show, that the plaintiff’s assailants were acting within the scope of their employment. The defense was that the plaintiff was the .aggressor, and that no more force was used against him than was reasonably necessary. The real…