Bryeans v. Chicago Mill & Lumber Co.
Supreme Court of Arkansas
Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; It was error to direct a verdict for appellee. The master was clearly liable as Breysacre was acting within the scope of his authority. The case should have been submitted to a jury. 42 Ark. 553; 58 Id. 386; 131 S. W. 971; 88 Id. 582; 6 Labatt, Master & S., § 2348; 93 S. W. 600; 52 Icl. 834; 18 So. 923; 122 N. W. 486; 58 S. E. 609. The whole transaction was one and the same. The court properly directed a verdict.
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Appeal from Crittenden Circuit Court; R. H. Dudley, Judge; It was error to direct a verdict for appellee. The master was clearly liable as Breysacre was acting within the scope of his authority. The case should have been submitted to a jury. 42 Ark. 553; 58 Id. 386; 131 S. W. 971; 88 Id. 582; 6 Labatt, Master & S., § 2348; 93 S. W. 600; 52 Icl. 834; 18 So. 923; 122 N. W. 486; 58 S. E. 609. The whole transaction was one and the same. The court properly directed a verdict. The killing was not done within the scope of Breysacre’s authority nor in furtherance of the master’s business. It was a…
1Opinion of the Court
WOOD, J.,
(after stating the facts). (1) Whether or not Breysacre, at the time he killed Bryeans, was acting within the scope of his employment was an issue, under the evidence, for the jury to determine. While the evidence is undisputed, it can not be said that all reasonable minds would draw the same conclusion from it.
Griving the evidence its strongest probative value in favor of the appellant, which we must do in testing the ruling of the court directing a verdict against her, there was evidence to warrant the conclusion that Breysacre was acting-within the line of his duty when he told…
2Cases cited2 opinions
- Sweeden v. Atkinson Improvement Co.Supreme Court of Arkansas · 1910
- St Louis, Iron Mountain & Southern Railway Co. v. GrantSupreme Court of Arkansas · 1905
3Cited by10 opinions
- Lundell v. WalkerSupreme Court of Arkansas · 1942
- Life & Cas. Ins. Co. of Tennessee v. PadgettSupreme Court of Arkansas · 1966
- Local Union No. 313, Hotel & Restaurant Employees v. StathakisSupreme Court of Arkansas · 1918
- American Railway Express Co. v. MackleySupreme Court of Arkansas · 1921
- American Railway Express Co. v. DavisSupreme Court of Arkansas · 1922
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