New York, C. & St. L. Ry. v. Fieback

Citations

• 22 Ohio C.C. Dec. 728

Syllabus

<p>ARREST — RAILROADS—PRINCIPAL AND AGENT.</p> <p>1. A Railroad Policeman may Act as Agent of Company also, and-Company is Liable for Such Acts.</p> <p>A railroad company’s detective duly commissioned as a policeman by the governor may act as an agent of the company for some purposes and not within the scope of his authority as such policeman, and the company is liable for his acts as such agent, but is not liable for acts done in the scope of his authority as a. policeman.</p> <p>2. Driving People out oe Railroad Yards is not within Duty of a Policeman.</p> <p>When an employe of a railroad company - who is duly commissioned as a policeman by the governor drives people, not committing or threatening to commit a crime, out of the company’s yards and has done so for a long time with the knowledge of the company, he does so as the agent of the company and not as a policeman, and the company is liable for his acts as such agent.</p> <p>3. A Man will not be Permitted to Testify Whether He Intended to Act in This or That Capacity in' Doing a Certain Past Act.</p> <p>It is not error for the court to exclude the testimony of an employe of a railroad company, who acted at times as a duly commissioned policeman and at other times as an agent of the company, as to whether, in doing a certain act, he intended to act as a policeman or as an agent of the company.</p> <p>[Syllabus approved by the court. Wildman, J., dissents as to 2nd paragraph.]</p>