King v. Illinois Central Railroad

Syllabus

<p>1. Railroad Supervision. Act of 1890. Agents conservators of the peace.</p> <p>The act of February 22, 1890 (Laws, p. 106), constituting depot agents in this state conservators of the peace, with authority, to preserve order in waiting-rooms, and power to make arrests, does not make them officers of the state, but merely enlarges and defines their duties as agents of the railroad companies.</p> <p>2. Railroads. -Arreste by depot agent. Responsibility of company.</p> <p>For the proper and lawful exercise of this authority the railroad companies are responsible, and if a depot agent arrest one not guilty of disorderly conduct or otherwise liable to arrest under said statute, the company is liable for the false imprisonment, although the agent had no express instructions from it to make arrests, and supposed he was acting as an officer of the state.</p> <p>3. Same. What is “ disorderly conduct.” Gase in judgment.</p> <p>The authority conferred by said statute upon depot agents to arrest those guilty of disorderly conduct in waiting-rooms will not justify the arrest of a passenger who is a stranger, and who, after failing to find the gentlemen’s water-closet, outside the main depot building, impelled by necessity, has resort to the water-closet intended and designated for “ladies only,” and opening into the ladies’ division of the general waiting-room.</p>