147 Ky. 460 | Ky. Ct. App. | 1912
Opinion op the Court by
Reversing.
This action was instituted by appellant against the Bowling G-reen Railway Company, Rupert Meyers and
Appellee’s counsel contend that the railway was not responsible for assaults and batteries committed by its agents and servants. This is true when they are not committed in their line of duty, or in the apparent scope of thfeir employment. It is true the petition says that Meyers and Brownfield assaulted the boy; that they laid violent hands upon him and put him on 'the rear platform of the car; that he was assaulted by the motorman of the car, who laid violent hands upon him and took him through the car to the front platform, as before stated. The petition gives the particulars of the assault and battery committed by the agent of the railway company. The facts alleged show that the boy was carried onto the car for the purpose of carrying him into the city,, therefore he became a passenger and the motorman should have exercised care to conduct Mm safely. If he had a right to receive him as a passenger, under the facts stated in the petition he had no right.to compel him to remain a passenger upon the car, .and it was negligence upon the part of the motorman in not stopping the car so the boy could get off when he requested that it be done; and the motorman was negligent in jerking 'the boy when he attempted to leap off the car, which caused Mm to fall under the wheels.
Therefore, we are of the opinion that the lower court erred in sustaining the demurrer, and the judgment is reversed and the case remanded for further proceedings consistent herewith.