51 Md. 290 | Md. | 1879
delivered the opinion of the Court.
This is an action for malicious prosecution, and for false imprisonment, instituted by the plaintiff against the defendant, a corporation incorporated hy the State of Connecticut, and doing business in the State of Maryland.
The declaration alleges that the defendant maliciously, and without probable cause, caused and procured the plaintiff to be falsely charged before a justice of the peace with having fraudulently embezzled certain money and other property belonging to the defendant, and upon such charge, procured the issual of a warrant and the arrest and imprisonment of the plaintiff, and that such charge was afterwards abandoned and dismissed. And in a second count, it is alleged, that the defendant, by its servants, assaulted the plaintiff, and unlawfully caused him to be arrested and imprisoned in jail.
To this declaration the defendant pleaded, that it did not commit the wrongs alleged.
At the trial below there was but a single exception taken, and that but briefly states the proof. It states that the plaintiff offered evidence tending to maintain and prove the issue joined; and it is also stated that the de
Upon the evidence, the Court was asked to instruct the jury, that if they found the defendant to be a corporation, the plaintiff could not recover; and that instruction was given.
Whether this instruction is maintainable is the question presented; and the only question that has been argued at the bar is, whether an action for malicious prosecution can be maintained against a corporation aggregate.
This question was argued in the case of Medcalf vs. Brooklyn Life Ins. Co., 45 Md., 189, but was not decided, because it was found to be unnecessary to the judgment pronounced in that case. It does not appear, so far as our investigation has extended, that this precise question has ever been expressly decided by the English Courts. In the case of Stevens vs. Midland Counties R. Co., 10 Exch., 352, the question was to some extent considered, but it was left undecided. Alderson, B., threw out a doubt whether such an action could, in any case, be maintained against a corporation aggregate, inasmuch as such action is predicated of an act done malo animo, and, according to his opinion, a corporation can have no animus. But the other Barons, while reserving their opinion upon this point, rather intimated that a state of case might exist where such form of action might be maintained against a corporation. And it would seem to be now clear, whatever may have been the former state of judicial opinion upon the subject, that corporations are liable for all acts, whether wilful or malicious, of their agents or servants, done in the course of their employment. Hence it has
Judge Cooley, in his recent work on Torts, page 121, thinks that the same reasons that sustain an action against a corporation for a libel will sustain one for a malicious prosecution ; and though there are cases which hold that no such action can be sustained, the better doctrine, he thinks, is that laid down by some other Courts which have sustained the action. The cases to which he refers as sustaining the action, are Vance vs. Erie R. Co., 32 N. J., 334; Goodspeed vs. East Haddam Bank, 22 Conn., 530; Copley vs. Sewing Machine Co., 2 Woods, (U. S. C. C.,) 494; Fenton vs. Sewing Machine Co., 9 Phil., (Penn.,) 189, and Walker vs. S. E. Railway Co., L. R., 5 C. P., 640. In the Latter case, the action, was for assault, false imprisonment, and malicious prosecution, and the verdict being for the
But a decision of the question of the abstract right to maintain the action does not embrace the whole difficulty of these cases. The question, as far as for what acts of the agent or servant, the corporation is liable is often one of great difficulty, and which requires great care in observing the proper limitations of the authority under which the agent or servant acts. While, on the one hand, it is
In the case of Poulton vs. Lond. & S. W. R. Co., L. R., 2 Q. B., 534, where it appeared that a station-master of the defendant arrested a person travelling by the defendant’s road in charge of a horse for not paying for the carriage of the animal on demand, and there was no power in the corporation by law to arrest a person for such nonpayment, but only to detain the goods, it was held that -no authority could be implied to the station-master, and that, in the absence of an express authority, or a subsequent ratification of the act, the corporation could not be
The principle of the cases just referred to is the same as that upon which the case of Mali vs. Lord, 39 N. Y., 381, was decided. In that case, the superintendent and a clerk, employed in the defendants’ store, called into the store of the defendants, a policeman, and directed him to arrest and examine the person of a lady suspected of stealing goods, which was done without the knowledge or any express authority of the defendants; and it was held, in a carefully considered opinion by the Court of Appeals of New York, that there was no implied author
Prom these authorities it is quite clear, that in a case like the present, where the corporation is sought to be held liable for the wrongful and malicious act of its agent or servant in putting the criminal law in operation against a party upon a charge of having fraudulently embezzled the money and goods of the company, in order to sustain the right to recover, it should be made to appear that the agent was expressly authorized to act as he did by the corporation. The doing of such an act could not, in the nature of things, be in the exercise of the ordinary duties of the agent or servant entrusted with the custody of the company’s money or goods; and before the corporation can be made liable for such an act, it must be shown either that there was express precedent authority for doing the act, or that the act has been ratified and adopted by the corporation.
It follows that this Court is of opinion that there was error in the ruling of the Court below, and the judgment must, therefore, be reversed, and a new trial ordered.
Judgment reversed, and new triad awarded.