Norfolk & Western R. R. v. Galliher

Citations

• 89 Va. 639
• 16 S.E. 935
• 1893 Va. LEXIS 83

Syllabus

<p>1. Carriers—Passenger.—Every citizen is prima facie entitled to become a passenger on a railway train. Neither the purchase of a ticket nor the entry into a car is essential to create the relation of carrier and passenger. Where a person enters the ticket-office of a railroad company, to buy a ticket, he is entitled to protection as a passenger, though the agent refused to sell him the ticket.</p> <p>2. Idem—Assault by employee.—The mayor of a city is not authorized by law to appoint a special policeman for a railroad company. A nightwatchman, in the employ and pay of the company, was sworn in by the mayor, at company’s request. He arrested and imprisoned the plaintiff, though possessed of no authority to make arrests as an officer. In so doing, however, he acted within the scope of his employment, and the arrest of the plaintiff was authorized and ratified by the company. In an action against the company for damages for arrest and imprisonment—</p> <p>Held :</p> <p>The plaintiff was entitled to recover.</p>