Lindsay v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from tbe District Court of Fifth Judicial District for Bear Lake County. Hon. Alfred Budge, Judge. Action to recover damages by reason of a forcible ejection from train. Judgment for the plaintiff. It is not alleged that said brakeman was, at the time, on duty, or that he was acting within the scope of his employment.
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APPEAL from tbe District Court of Fifth Judicial District for Bear Lake County. Hon. Alfred Budge, Judge. Action to recover damages by reason of a forcible ejection from train. Judgment for the plaintiff. It is not alleged that said brakeman was, at the time, on duty, or that he was acting within the scope of his employment. A complaint that does not allege that the servant is acting within the scope of his employment at the time of his negligent act does not state facts sufficient to constitute a cause of action. (Davis v. EoughteUn, 33 Neb. 582, 50 N. W. 765, 14 L. R. A. 737; Cooke v.…
1Opinion of the CourtSullivan, J.
This action was brought to recover damages on account of the alleged wrongful expulsion of the respondent from one of the appellant’s passenger trains at Dewyville, Utah, on or about the nineteenth day of August, 1905. The respondent alleges, among other things, that in the morning of that day he with his wife, who was ill, went to the station at Dewyville for the purpose of taking passage upon appellant’s passenger train for his home at Montpelier, Idaho; that he had a ticket which entitled him to a passage on that train; that he boarded the train, and as he approached the door of one of the…
2Cases cited3 opinions
- Darby v. StateSupreme Court of Alabama · 1890
- Procter v. Southern California Railway Co.California Supreme Court · 1900
- Vogel v. McAuliffeSupreme Court of Rhode Island · 1895
3Cited by17 opinions
- Rogers v. Yellowstone Park CompanyIdaho Supreme Court · 1975
- Lorang v. HaysIdaho Supreme Court · 1949
- Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
- Maloney v. Winston Bros.Idaho Supreme Court · 1910
- McLean v. City of Spirit LakeIdaho Supreme Court · 1967
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