New York, Chicago & St. Louis Railroad v. Fieback

Citations

• 87 Ohio St. (N.S.) 254

Syllabus

<p>Policeman appointed by governor — At request of railroad company— And salary paid by railroad company — Under ¿Sections 9150 and 9151, General Code — Is public oIEcer with authority from state — Railroad company not liable for his wrongful act, when.</p> <p>1. A policeman who is appointed and commissioned by the Governor, under Sections 3427 and 3428, Revised Statutes (General Code, Sections 9150 and 9151), although his appointment was upon the application of a railroad company and -his salary is paid by such company, is a public officer, deriving his authority directly from the state; and his acts will be presumed to have been performed in his capacity as such officer, until such presumption is overcome by sufficient evidence.</p> <p>2. A railroad company is not liable for the wrongful acts of such officer while acting by virtue of his office, unless such wrongful acts occurred in the performance of an act which was outside of the public duties of a policeman, and which was authorized or ratified by such company.</p>