Dickinson v. Muse
Supreme Court of Arkansas
Appeal from Logan Circuit Court, Southern District; Jas. Cochran, Judge; 1. Incompetent testimony was admitted. The testimony is full of irrelevant and immaterial matters. 2. The court erred in submitting to the jury the question of plaintiff’s arrest and imprisonment. The city marshal arrested him on his own judgment and without solicitation or instructions from any one connected with defendant. The ticket seller had no authority as an employee to call an officer.
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Appeal from Logan Circuit Court, Southern District; Jas. Cochran, Judge; 1. Incompetent testimony was admitted. The testimony is full of irrelevant and immaterial matters. 2. The court erred in submitting to the jury the question of plaintiff’s arrest and imprisonment. The city marshal arrested him on his own judgment and without solicitation or instructions from any one connected with defendant. The ticket seller had no authority as an employee to call an officer. He acted outside the scope of his authority. The court erred in its instructions. Defendant was not liable for plaintiff’s arrest…
1Opinion of the Court
HUMPHREYS, J;
This suit was instituted by appellee against appellant in the circuit court for the Southern District of Logan County, to recover damages on account of an alleged failure to hold passenger train No. 42 at Howe, Oklahoma, a sufficient length of time for appellee to debark, buy a ticket to Little Rock, Arkansas, and return to the train; and an alleged wrongful ejection therefrom at Booneville, Arkansas, coupled with an alleged unlawful arrest and imprisonment.
Appellant denied all the material allegations in the complaint. .
The cause was submitted to a jury upon the pleadings,…
2Cases cited6 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. WatersSupreme Court of Arkansas · 1912
- Mayfield v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
- Little Rock Railway & Electric Co. v. DobbinsSupreme Court of Arkansas · 1906
- Little Rock Traction & Electric Co. v. WalkerSupreme Court of Arkansas · 1898
- Chicago, Rock Island & Pacific Railway Co. v. NelsonSupreme Court of Arkansas · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Missouri Pacific Railroad v. YanceySupreme Court of Arkansas · 1928
- Louisiana Oil Refining Corp. v. YeltonSupreme Court of Arkansas · 1933
- Arkansas Central Power Co. v. HildrethSupreme Court of Arkansas · 1927
- Fort Smith & Van Buren District v. KiddSupreme Court of Arkansas · 1922
- Ward v. Kentucky River Coal CorporationCourt of Appeals of Kentucky (pre-1976) · 1931
1 more not listed; retrieve them via the Exa API.