Mayfield v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Arkansas
Appeal from Ouachita Circuit Court; George W. Hays, Judge; Appellee’s liability does not necessarily rest in the acts of its agent in sending the telegrams being within the strict scope of his employment. It was appellee’s duty to carry appellant safely to his destination, and it is immaterial whether the tort of its agent was in the course of employment or not. 14 Am. Rep. 114; 24 Am. Rep. 296; 17 Am. Rep. 504; 1 Clark & Skyle on Agency, § 496; 42 Am. Rep. 33; 15 Am.
Read the full summary
Appeal from Ouachita Circuit Court; George W. Hays, Judge; Appellee’s liability does not necessarily rest in the acts of its agent in sending the telegrams being within the strict scope of his employment. It was appellee’s duty to carry appellant safely to his destination, and it is immaterial whether the tort of its agent was in the course of employment or not. 14 Am. Rep. 114; 24 Am. Rep. 296; 17 Am. Rep. 504; 1 Clark & Skyle on Agency, § 496; 42 Am. Rep. 33; 15 Am. State Rep. 753; 3 L- R. A. (N. S.) 605. That the message was not sent in the interest of appellee or for the protection of its…
1Opinion of the CourtErauenthal, J.
This was an action instituted 'by Robert Mayfield, the plaintiff below, to recover damages for his alleged wrongful arrest while a passenger upon one of defendant’s trains. The plaintiff was a singing teacher, and for some time prior to May 5, 1908, he had been attending a singing convention in the neighborhood where one J. W. Burton resided, and a few miles from the town of Donaldson. On that day he eloped with the young daughter of Mr. Burton, and proceeded to Donaldson, where he and the young lady took passage on defendant’s train for Camden. Upon the same day, and immediately upon…
2Cases cited8 opinions
- Wright v. J. & S. WilcoxNew York Supreme Court · 1838
- Dwinelle v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1890
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- Carter v. Howe Machine Co.Court of Appeals of Maryland · 1879
- Gillingham v. Ohio River RailroadWest Virginia Supreme Court · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- Matthews v. Southern Ry. SystemCourt of Appeals for the D.C. Circuit · 1946
- Manning v. Atchison, T. & S. F. Ry. Co.New Mexico Supreme Court · 1938
- Black & White Cab Co. v. DovilleSupreme Court of Arkansas · 1952
- Chesapeake & Ohio Railway Co. v. PackCourt of Appeals of Kentucky · 1921
10 more not listed; retrieve them via the Exa API.