Zimmerman v. Adams Express Co.

Citations

• 240 Pa. 316
• 87 A. 283
• 1913 Pa. LEXIS 670

Syllabus

<p>Negligence — Principal and agent — Express companies — Special officers — Killing of person committing felony.</p> <p>In an action against an express company to recover damages for the death of the plaintiff’s husband who was shot and killed by a special officer in the service of the company, the court committed no error in entering a nonsuit where from plaintiff’s evidence it appeared that the deceased, a yard brakeman in a yard of a railroad company, was detected stealing goods from one of the cars of the defendant company standing in the yard of the railroad company, that he was arrested, escaped and was fleeing from the special officer at the time when the special officer shot and killed him, and that the officer who did the shooting did not point the revolver nor fire at the deceased, and did not intend to shoot him.</p>