118 Ga. 340 | Ga. | 1903
It appenrs from the record that Saunders was the yardmaster, in East Rome, of the Southern Railway Company. He employed Ford as night watchman of the company, to look after the'property and interests of the company in the East Rome yards, and for the purpose of arresting trespassers who were stealing or attempting to steal rides on the trains of the company which passed through those yards. It was also the duty of Ford to attend the switch-lights in the yards. On the night of July 19 or 20, 1899, Ford caught James, the defendant in error, on the top of a box-car, it being the purpose of James to steal a ride* on the train. Ford ordered him to get down. He obeyed, and Ford arrested him. James resisted to such an extent that Ford had to .call in assistance. Ford then started with James to the calaboose of the town, where it hud been the custom to confine prisoners of this character. Ford
The view we take of the case renders it unnecessary to discuss •seriatim the grounds of the motion for new trial. All of them liinge upon the question as to whether, under the facts, the company is liable to James for the injury inflicted by its employee. That Ford was an employee of the company there is no doubt, the •only doubt in the case arising upon the question whether the acts done by him were within the line of his employment. If they were, then under the law the defendant is liable; if they were not, but' were simply the individual acts of Ford, the company is not liable. Our Civil Code, § 3817, declares that the master shall be liable for the torts of his servant when done in the prosecution and within the scope of his business, whether tlie same be by negligence or voluntary.' Were the acts committed by Ford within the scope and range of the business for which "he was?'employed or in and about that business? Ford swears positively that Saunders, the yardmaster, employed him. During the negotiation prior to his employment, Saunders asked him if he was afraid to arrest tramps. Ford replied in the negative. Saunders then told him he was to arrest all tramps or other persons stealing rides upon any of the company’s trains coming into or going out of East Rome, and to take charge of them. What, was the authority of Saunders to employ Ford for this purpose does not affirmatively appear from the record. The plea of the company denied his authority to employ Ford and authorize him to make arrests, but there was no evidence to support this plea. The evidence did show that Saunders employed Ford and others and discharged others. It also showed that, after the
Having shown that Ford was authorized to arrest and imprison, the next question to arise is whether the company is liable for the injury which James sustained as a consequence of the shot from Ford’s pistol. The code section cited above declares that the master is liable for the torts of the servant within the scope of the mas
Judgment affirmed.