Ruffner v. Jamison Coal & Coke Co.
Citations
- 247 Pa. 34
- 92 A. 1075
- 1915 Pa. LEXIS 778
Syllabus
<p>Assault and battery — Deputy constables — Act of May 9, 1889, P. L. 156 — Goal companies — Liability for acts of deputies.</p> <p>In an action to recover damages from a coal company for batteries committed upon plaintiff’s person by deputy constables appointed by the Court of Quarter Sessions upon petition of taxpayers under the authority of the Act of May 9, 1889, P. L. 156, whose compensation was paid by defendant coal company, a compulsory nonsuit was proper where there was no evidence that the acts complained of were instigated by defendant or were done in the performance of any contract of employment with defendant, but where it appeared that they were committed by the deputies, on the public highway, acting in the discharge of what they supposed to be their official duty.</p>
Judges: Elkin, Fell, Mestrezat, Mosciizisker, Mosohzisker, Potter
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