Campbell v. Lancaster
Court of Appeals of Texas
Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by A. J. Campbell against J. L. Lancaster and another, receivers. Judgment for defendants, and plaintiff appeals. The shops and shop grounds of the Texas' & Pacific Railway at Marshall, Tex., are fenced, and a guard armed with a pistol is kept at each gate in the fence.
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Appeal from District Court, Harrison County; P. O. Beard, Judge. Action by A. J. Campbell against J. L. Lancaster and another, receivers. Judgment for defendants, and plaintiff appeals. The shops and shop grounds of the Texas' & Pacific Railway at Marshall, Tex., are fenced, and a guard armed with a pistol is kept at each gate in the fence. The circumstances all show that for several years there had been a number of incendiary fires in the shops, and a great deal of valuable property stolen by outsiders. To stop these depredations the company employed a number of guards, who were authorized…
1Opinion of the CourtDevy, J.
(after stating the facts as above). The jury decided that the guard had authority to detain persons going into and out of the yards of the defendants. Assuming this finding to he true, then if the guard, Cole, wrongfully detained and shot, and caused injury to, the appellant, the defendants would be liable, although the particular act of detention was unauthorized. Rucker v. Barker, 151 S. W. 872; Railway Co. v. Parsons, 102 Tex. 157, 113 S. W. 914, 132 Am. St. Rep. 857; Portland Cement Co. v. Reitzer, 135 S. W. 241. And it appears from the evidence that the guard shot the appellant solely…
2Cases cited2 opinions
- Texas & New Orleans Railroad v. ParsonsTexas Supreme Court · 1908
- Rucker v. BarkerCourt of Appeals of Texas · 1912