Hewlett v. Cincinnati, New Orleans & Texas Railway Co.

Citations

• 65 Miss. 463

Syllabus

<p>1. Public Policy. Contract to furnish bail.</p> <p>A contract to furnish bail is not void, as being contrary to public policy; for public policy favors bail.</p> <p>2. Contract. Breach of. Damages whether proximate. Case in judgment.</p> <p>A railway company employed II. to act as detective in and about its business, agreeing to furnish H. bail in case he was imprisoned because of his acts in the discharge of his duty under the contract. H., in such discharge of his duty, caused one P. to be arrested for wrecking the company’s train. While in the custody of the sheriff P. was seized by a mob and killed. Afterwards H. was indicted, arrested and imprisoned for complicity in such killing. He requested the company to furnish him bail, which it refused to do. He was tried and acquitted, and thereupon brought an action against the railway company for breach of its contract. Held, that the facts stated do not constitute a breach of the contract. The indictment, arrest and imprisonment of plaintiff were not the proximate but the remote result of the service he rendered the defendant in arresting P., and therefore not within the contemplation of the contract.</p>