BANNING
v.
DETROIT, TOLEDO & IRONTON RAILROAD CO.; AND DETROIT, TOLEDO & IRONTON RAILROAD CO. V. BANNING

U.S. | 1949-10-10
Nos. 68; No. 93
338 U.S. 815 Supreme Court of the United States (1949) Positive Treatment
Cited by 38 cases

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Cited By (38 total)

  • Harris v. The Lewis State Bank, 482 So. 2d 1378 (Fla. 1st DCA 1986)
    …employer for malicious prosecution instituted or carried on by its agent or employee are those of agency in general. 24 Fla.Jur.2d, False Imprisonment and Malicious Prosecution § 26; Good Holding Company v. Boswell, 173 F. 2d 395 (1949), cert. den., 338 U.S. 815, 70 S.Ct. 55, 94 L.Ed. 493. An agent's knowledge is imputed to his principal on two theories: 1) that an innocent third party may presume that the agents (here, the tellers and bank officials) will perform their duty and report all facts which affec…
  • United States v. Kelly, 349 F.2d 720 (2d Cir. 1965)
    …. denied, 1948, 333 U.S. 847, 68 S.Ct. 649, 92 L.Ed. 1130; United States v. Grabina, 2 Cir., 1962, 309 F. 2d 783, cert. denied, 1963, 374 U.S. 836, 83 S.Ct. 1885, 10 L.Ed.2d 1057; United States v. Tannuzzo, 2 Cir., 1949, 174 F. 2d 177, cert. denied, 338 U.S. 815, 70 S.Ct. 38, 94 L.Ed 493. See also Leach v. United States, 1964, 118 U.S.App.D.C. 197, 334 F. 2d 945. In this particular case there were many cogent reasons for waiting for the verdict and then sentencing all defendants together. [*767] Nor was it…
  • United States v. Garguilo, 310 F.2d 249 (2d Cir. 1962)
    …8 (1925). But we agree also with the rest of Judge Hand’s statement: “but to say that when he does, it is error, carries the doctrine of self-incrimination to an absurdity.” See also United States v. Tannuzzo, 174 F. 2d 177 (2 Cir.), cert. denied, 338 U.S. 815, 70 S.Ct. 38, 94 L.Ed. 493 (1949); United States v. Piscitello, 231 F. 2d 443 (2 Cir.), cert. denied, 352 U.S. 857, 77 S.Ct. 89, 1 L.Ed.2d 68 (1956). It is far from clear that such an instruction is prejudicial to a defendant; the chances are rath…

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