Scipio v. Pioneer Mining & Mfg. Co.

• Decision Date: 26 February 1910
• Parties: SCIPIO v. PIONEER MINING & MFG. CO. ET AL.
• Court: Alabama Supreme Court

52 So. 43

166 Ala. 666

SCIPIO v. PIONEER MINING & MFG. CO. ET AL.

Supreme Court of Alabama

February 26, 1910

Appeal from City Court of Birmingham; C. C. Nesmith, Judge.

Action by Connatta Scipio against the Pioneer Mining & Manufacturing Company and others. Judgment for defendants, and plaintiff appeals. Reversed and remanded.

Sumter Lea and Arthur L. Brown, for appellant.

Percy Benners & Burr, for appellees.

MAYFIELD J.

This is a civil action of assault and trespass. The evidence indisputably showed an assault by one Thomas, in pointing a pistol at plaintiff; and in that Thomas, while pursuing another person (a negro) whom he was attempting to capture entered the house of plaintiff, by force and against her will. The negro fled, and ran into plaintiff's house for shelter; Thomas following and shooting at him, and also shooting into plaintiff's house, and pointing a pistol at or in the direction of plaintiff, threatening her and the negro. The disputed question on the trial was whether Thomas was the agent of defendant, and, if so, whether, in the commission of the assault and trespass (if such he committed), he was acting in such capacity, and so within the line or scope of his authority as to make his principal liable for the torts so committed.

The little mining town in which plaintiff lived was owned by the defendant mining company, which was engaged in the business of mining and transporting coal. Plaintiff's husband was one of the defendant's coal miners, and she and her husband were living in one of defendant's houses, which they rented. At the time of the commission of the torts, and for some time before, there was what is popularly called a "strike" on at this mining town or camp. Those miners who belonged to the labor unions had refused to work on account of some disagreement between the union and the mine operators. The union miners were attempting to prevent nonunion miners from working in the mines, and to induce them to join the union, or to join forces with the union miners in not working, until the mining company should accede to their terms, or at least treat with them as to their differences. Under these conditions the mining company, deeming it necessary, applied to the sheriff of Jefferson county to guard and protect its property and nonunion miners, against the efforts of the union miners, or their sympathizers. To this end an arrangement was effected, whereby the sheriff employed men as special deputies and sent...