Home/Supreme Court of Georgia/Wikle v. Louisville & Nashville Railroad

Wikle v. Louisville & Nashville Railroad

42 S.E. 525, 116 Ga. 309, 1902 Ga. LEXIS 90
CourtSupreme Court of Georgia
DecidedAugust 9, 1902
StatusPublished
Cited by13 cases

This text of 42 S.E. 525 (Wikle v. Louisville & Nashville Railroad) is published on Counsel Stack Legal Research, covering Supreme Court of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wikle v. Louisville & Nashville Railroad, 42 S.E. 525, 116 Ga. 309, 1902 Ga. LEXIS 90 (Ga. 1902).

Opinion

Simmons, C. J.'

1. Where agency is shown hy proof of the relative situation of the parties, the agency is established no further than is necessary for the discharge of the duties ordinarily belonging to it. 2 Gr. Ev. §§ 64, 6ia.

■2. Accordingly, where a railroad company is sued for malicious prosecution, and it appears that one who had charge of the defendant’s business at a certain station and sold its tickets there missed certain money of the company from the cash-drawer, suspected a man who had been loitering about, and, going into another county, procured the arrest of the plaintiff because of a resemblance to such loiterer, and had a warrant issued against him for larceny,' there is not sufficient evidence to authorize a jury to find that the institution •of the prosecution was within the scope of the agent’s authority; and there is, therefore, no error in granting a nonsuit.

Judgment affirmed.

All the Justices concurring, except Lewis, J., absent.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Warnock v. Elliott
101 S.E.2d 591 (Court of Appeals of Georgia, 1957)
Huff v. National Accident & Health Insurance
198 S.E. 296 (Court of Appeals of Georgia, 1938)
Niebuhr v. Pridgen Bros.
193 S.E. 597 (Court of Appeals of Georgia, 1937)
Braden v. Haas, Howell & Dodd
192 S.E. 508 (Court of Appeals of Georgia, 1937)
Western Oil Refining Co. v. Glendenning
156 N.E. 182 (Indiana Court of Appeals, 1927)
Daniel v. Excelsior Auto Co.
121 S.E. 692 (Court of Appeals of Georgia, 1924)
Barwick v. Stevens Hardware Co.
101 S.E. 584 (Court of Appeals of Georgia, 1919)
Newcomb Hotel Co. v. Corbett
101 S.E. 713 (Court of Appeals of Georgia, 1919)
Pilgrim Health & Life Insurance v. McIntosh
100 S.E. 40 (Court of Appeals of Georgia, 1919)
Collins & Toole v. Crews
59 S.E. 727 (Court of Appeals of Georgia, 1907)
Century Building Co. v. Lewkowitz
57 S.E. 1036 (Court of Appeals of Georgia, 1907)

Cite This Page — Counsel Stack

Bluebook (online)
42 S.E. 525, 116 Ga. 309, 1902 Ga. LEXIS 90, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wikle-v-louisville-nashville-railroad-ga-1902.