Carmody v. St. Louis Transit Co.
Missouri Court of Appeals
Appealed from St. Louis City Circuit Court. — Eon. Walter B. Douglas, Judge. (1) The demurrer to tbe evidence as to the cause of action, stated in the second count of the petition, should have been sustained. There was no evidence that Calhoun, the road officer, had any authority from the defendant to cause the arrest. The record is silent as to what the duties of the road officer were.
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Appealed from St. Louis City Circuit Court. — Eon. Walter B. Douglas, Judge. (1) The demurrer to tbe evidence as to the cause of action, stated in the second count of the petition, should have been sustained. There was no evidence that Calhoun, the road officer, had any authority from the defendant to cause the arrest. The record is silent as to what the duties of the road officer were. His duties are not fixed by law, and it was a matter of proof; and in the absence of proof that the authority had been conferred upon Calhoun to cause airest to be made, the plaintiff is not entitled to…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendant offered an instruction in the nature of a demur*346rer to plaintiff’s evidence.' The refusal of the court to grant this instruction as to the cause of action stated in the second count of the petition is assigned as error. By-reference to the second count it will be seen the cause of action therein stated is, in substance, that defendant’s servants and agents unlawfully, falsely and maliciously caused plaintiff to be arrested by a police officer. Plaintiff’s evidence tends to show the arrest was made on the request of Calhoun, and the evidence is that…
2Cases cited17 opinions
- New York, Lake Erie & Western Railroad v. Winter's AdministratorSupreme Court of the United States · 1892
- Buckley v. KnappSupreme Court of Missouri · 1871
- Frederick v. Marquette, Houghton & Ontonagon RailroadMichigan Supreme Court · 1877
- Pennsylvania Railroad v. ConnellIllinois Supreme Court · 1884
- Sullivan v. Jefferson Avenue Railway Co.Supreme Court of Missouri · 1896
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3Cited by2 opinions
- Simmons Ex Rel. Simmons v. JonesMissouri Court of Appeals · 1962
- Bruley v. Royal LeagueIllinois Circuit Court · 1908