Cordner v. Boston & Maine Railroad
Supreme Court of New Hampshire
Trespass, for assault and false imprisonment. Upon a trial by jury at the October term, 1902, of tlie superior court, Young, J., presiding, a nonsuit was ordered, subject to the plaintiff’s exception. The testimony tended to prove the following facts: The defendants operate an electric street railway between Portsmouth and Exeter. One Iloyt was a conductor upon this railway.
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Trespass, for assault and false imprisonment. Upon a trial by jury at the October term, 1902, of tlie superior court, Young, J., presiding, a nonsuit was ordered, subject to the plaintiff’s exception. The testimony tended to prove the following facts: The defendants operate an electric street railway between Portsmouth and Exeter. One Iloyt was a conductor upon this railway. A petition in the name of the defendants, signed “Boston & Maine Railroad, by Arthur F. Howard, assistant superintendent of the Portsmouth Electric Street Railway,” was presented to the mayor and aldermen of the city of…
1Opinion of the CourtChase, J.
The mere fact that Hoyt was the defendants’ servant is not sufficient to make the defendants answerable for his arrest of the plaintiff. They are not liable unless they directed him to make the arrest, or unless in doing so he was engaged in their business and acting within the scope of his employment as their servant, or unless they have ratified his act. Wilson v. Peverly, 2 N. H. 548; Grimes v. Keene, 52 N. H. 330; Andrews v. Green, 62 N. H. 436; Searle v. Parke, 68 N. H. 311; Rowell v. Railroad, 68 N. H. 358; Turley v. Railroad, 70 N. H. 348. The first of these contingencies may be…
2Cases cited2 opinions
- Healey v. LothropMassachusetts Supreme Judicial Court · 1898
- Hardy v. Chicago, Milwaukee & St. Paul RailroadAppellate Court of Illinois · 1895
3Cited by6 opinions
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
- Hudson v. Philadelphia Life Ins. Co.Tennessee Supreme Court · 1926
- Buman v. Michigan Central RailroadMichigan Supreme Court · 1912
- Platts v. AuclairSupreme Court of New Hampshire · 1919
- Heggen v. Ft. Dodge, Des Moines & Southern RailroadSupreme Court of Iowa · 1911
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