Missouri Pacific Railroad v. Yancey

Hart, C. J.,

(after stating' the facts). The first assignment of error is that the testimony is not legally sufficient to warrant the verdict. In this contention we cannot agree with counsel. The question whether White, as alleged 'by the plaintiff, was acting within the general scope of his authority as a special agent for the defendant'company, was one of fact. To warrant a submission of the question to the jury, the evidence for the plaintiff, when viewed in its most favorable light, must be sufficient to make it appear that the false arrest was caused by an agent acting in the scope of his…