Lyford v. Holway

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• ruling that a railroad was not liable for injury caused by an accidental discharge of employee’s personal pistol because “the acts causing the negligent discharge . . . were outside the course and scope of the co-employee’s employment . . . .”
• where employer-employee relationship exists, doctrine of respondeat superior holds employer vicariously liable for injury-causing conduct of employee done within course and scope of employment
• “the trial court does not have a duty to submit a correct instruction in the place of the parties’ erroneous instruction”
• “[I]t is the duty of an attorney for a party to aid the court in giving proper instructions which support that party’s claim.”
• “[A] party is entitled to an instruction on any theory supported by the evidence.”
• trial court is under no duty to modify or correct defendants’ erroneous instructions

Source: CourtListener parenthetical corpus (CC0).