G. H. & S. A. R'y Co. v. Donahoe

Citations

• 56 Tex. 162
• 1882 Tex. LEXIS 13

Syllabus

<p>1. Evidence — Railway company.—In an action for damages against a railway company on account of the wrongful arrest of a passenger on its train caused by the conductor, it was alleged that the conductor was “ acting within the scope of his authority.” Held,</p> <p>(1) It was competent to prove that in the performance of the act the. conductor was acting within the sphere of his authority as conferred by the company, or under its instructions.</p> <p>2. Exemplary damages.— The principal is not liable in exemplary damages for the unauthorized malicious act of its agent, unless such act is ratified or accepted by the principal.</p> <p>3. Service oe citation—Variance.— The citation in a suit against an incorporated railway company described the company as a railroad company. Held, that there was no error in overruling a motion to quash the service.</p>