Yazoo & Mississippi Valley Railroad v. Hare

Citations

• 104 Miss. 564
• 61 So. 648

Syllabus

<p>1. ‘Master and Servant. Wilful acts of fellow-servants. Liability. Appeal and error. Harmless error. Instructions. Aclmissibility of evidence. Reputation.</p> <p>A railroad company is liable in damages for the negligent hilling by its night watchman while acting within the scope of his employment' of a fellow-servant.</p> <p>2. Same.</p> <p>Where the negligent hilling by such watchman of his fellow-servant was clearly within the scope of his employment, no harm was done the defendant railroad company by the court’s failure at the trial, to specifically charge the jury that the act done must have been within the scope of the servant’s authority.</p> <p>.3. Master and Servant. Liability. Feilow-servant. Reputation.</p> <p>In a suit for damages against a railroad company for the negligent killing by its night watchman of a fellow-servant, where the declaration averred that the night watchman was known to be oppressive and malicious in his conduct towards those with whom he came in contact and that this was well known to the defendant and to the community in general before the killing. Evidence of the reputation and character of defendant’s night watchman was admissible.</p>