Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 135

Reports of Cases Argued and Determined in the Supreme Court of Tennessee Volume 135

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1916 edition. Excerpt: ...the porter and the conductor in charge of a sleeping car are held to be the agents of the railway company of whose train the sleeping car I forms a part, and responsibility for their acts, as but to protect them (same authorities); and it is also true that a servant, acting within the general scope of his authority, makes the master responsible, even though he acts without instructions, or exceed his instructions (Terry v. Burford, 131 Tenn., 451, 175 S. W., 538, L. R. A., 1915F, 714; Union Railway Co. v. Carter, 129 Tenn., 459, 166 S. W., 592; Memphis St. Ry. 00. v. Stratt0n,131 Tenn., 620, 176 s. W., 105, L. R. A., 1915E., 704; Dwinelle v. New York Central (12 H. R. R. Co., supra). It is also true, in general, that a party, injured by a servant acting within the scope of his authority, need not, as a condition of liability, stand in any contractual relation to the master, but may be wholly a stranger. Memphis St. Ry. Co. v. Stratton, supra. But neither the principles stated nor the authorities cited support the case sought to be made by the defendant in error. There is not a scintilla of evidence that the passengers within the sleeper or anywhere on the train were in the slightest danger, or that the Pullman conductor-even purported to act on such ground. The mere fact that the two men climbed down from the top of the car, onto the rear platform, when the train was nearing the depot, could furnish no inference on which to base fear of danger.. There was no threat; no offer to enter the car; no request that such entry be permitted. It was perfectly obvious to the Pullman conductor that the two men had been stealing a ride--, indeed W. P. Marlin says he told the officer mentioned that they had boarded the train at Louisville--and that more

Product details

  • Paperback | 214 pages
  • 189 x 246 x 11mm | 390g
  • United States
  • English
  • black & white illustrations
  • 1236795482
  • 9781236795489