Decker v. Lackawanna & Wyoming Valley Railroad

Citations

• 39 Pa. Super. 225
• 1909 Pa. Super. LEXIS 467

Syllabus

<p>Railroads — Carriers—Passengers—False arrest — Conductor.</p> <p>1. In an action by a passenger against a railroad company to recover damages for false arrest, there is no case for the jury where the evidence shows that a conductor of a passenger train of defendant telephoned to the dispatcher at the terminal ahead, that he had a disorderly crowd aboard, that he was informed by the dispatcher that the police would be at the terminal station, but were not to arrest anyone for anything that occurred on the train, that the police were so instructed, that the conductor when he alighted from the train at the terminal was asked by an officer to point out the crowd that had been disorderly, that the conductor did as requested, and that in consequence the plaintiff was arrested.</p> <p>2. In such a case the company is not liable because the evidence did not show that the conductor actually participated in, or caused the arrest of the plaintiff; but even if it should be conceded that the conductor caused the arrest still the company was not liable, because the conductor acted beyond the scope of his authority.</p>