Smith v. M System Food Stores Inc.

The only question before us in this case is whether there is any evidence to support the jury’s finding that an employee of respondent, M System, was in the scope of his employment in making the unlawful arrest of petitioner, Smith.

A regular member of the poliec force of the City of San Angelo, by the name of James, was employed part time by M System Stores to protect its property from theft by shoplifters. During business hours, James detected a Mrs. Johnson in the act of shoplifting. He followed her to the street, placed her under arrest and escorted her back into the store to the office of…