American Railway Express Co. v. Mackley
Supreme Court of Arkansas
Appeal from Hempstead Circuit Court; George R. Hayme, Judge; 1. The master (appellant) was not liable for the unauthorized tort of the servant.
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Appeal from Hempstead Circuit Court; George R. Hayme, Judge; 1. The master (appellant) was not liable for the unauthorized tort of the servant. He was not acting within the scope of his employment. 255 S. W. 597; 133 Ark. 327; 131 Id. 411; 136 Id. 123; 119 Id. 28. His act was not done in the prosecution of the master’s business, and the master was not liable! 2. The argument of plaintiff’s attorney, Mr. Parks, to the jury, was improper and prejudicial. 3. The verdict is excessive. 65 Ark. 619; 89 Id. 522; 106 Id. 177; 115 Id. 101. 4. The court erred in its instructions for plaintiff Nos. 1, 5…
1Opinion of the CourtSmith, J.
On and prior to the 7th day of March, 19191, Jeff Hines was in the employ of the appellant express company in the city of Texarkana as a driver, and delivered the perishable express, which included consignments of flowers. Peter W. Mackley was a florist in that city, and his wife worked in his place of business. On the afternoon of March 7 a shipment of flowers from Neosho, Missouri, was delivered by Hines to the floral shop. Mackley was absent at the time, and his wife was in charge. The flowers were in a damaged condition, and Mrs. Mackley asked when they had been received, and Hines…
2Cases cited16 opinions
- Healey v. CockrillSupreme Court of Arkansas · 1918
- St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
- Mayfield v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Arkansas · 1910
- St. Louis, Iron Mountain & Southern Railway Co. v. RobertsonSupreme Court of Arkansas · 1912
- Pine Bluff & Arkansas River Railway Co. v. WashingtonSupreme Court of Arkansas · 1915
11 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Lundell v. WalkerSupreme Court of Arkansas · 1942
- Life & Cas. Ins. Co. of Tennessee v. PadgettSupreme Court of Arkansas · 1966
- Hunter v. First State Bank of MorriltonSupreme Court of Arkansas · 1930
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922
- Vincennes Steel Corp. v. GibsonSupreme Court of Arkansas · 1937
15 more not listed; retrieve them via the Exa API.