Johnson v. Norfolk & Western Railway Co.
West Virginia Supreme Court
Error to Circuit Court, Mingo County. Action by Cora L. Johnson against the Norfolk & Western Railway Company. Judgment for plaintiff, and defendant brings error.
1Opinion of the Court
POEEENBARGER, PRESIDENT:
The principal inquiries arising upon this writ 'of error to a judgment for $1,000.00, obtained in an action for damages for an alleged false arrest and malicious prosecution, are, (1), whether the evidence tends to prove such facts and circumstances as legally justified the jury in finding the plaintiff had been arrested; and, (2), if so, whether the acts and conduct of the defendant’s station agent were of such character as to make out a case of participation on the part of the defendant, in the arrest, or of instigation thereof.
The controversy had its origin in the…
2Cases cited9 opinions
- Chicago & Northwestern Railway Co. v. BayfieldMichigan Supreme Court · 1877
- Higgins v. Watervliet Turnpike & RailroadNew York Court of Appeals · 1871
- Dickson v. WaldronIndiana Supreme Court · 1893
- Martin v. HouckSupreme Court of North Carolina · 1906
- Mowry v. ChaseMassachusetts Supreme Judicial Court · 1868
4 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Harless v. First National Bank in FairmontWest Virginia Supreme Court · 1982
- Riffe v. ArmstrongWest Virginia Supreme Court · 1996
- Aiello v. Ed Saxe Real Estate, Inc.Supreme Court of Pennsylvania · 1985
- State ex rel. Sadler v. District CourtMontana Supreme Court · 1924
- Great Atlantic & Pacific Tea Co. v. SmithCourt of Appeals of Kentucky (pre-1976) · 1939
17 more not listed; retrieve them via the Exa API.