| Gill v. Dantzler Lbr. Co., 153 Miss. 559 |
Cited in briefs on related liability/respondeat superior principles. |
Cited in parties' briefs; not specifically relied upon in the court's written analysis. |
| Herrington v. State, 177 Miss. 837 |
Cited by appellants in support of proposition that no assault occurred. |
Cited in briefs; not specifically applied in opinion. |
| 2 R.C.L. 525-527 |
Treatise authority cited regarding assault/battery law. |
Referenced in briefs; court relied on other authorities in its definition. |
| Telegraph Co. v. Koonce, 112 Miss. 173 |
Cited regarding limits on recovery for certain conduct and damages. |
Referenced in briefs; not adopted as primary basis in opinion. |
| Winton v. Patterson, 152 Miss. 158 |
Cited to support good-faith defense for employee conduct. |
Cited in briefs; court did not accept the good-faith defense as controlling. |
| Cooper v. Davidson, 172 Miss. 74 |
Cited in connection with good-faith and manager conduct. |
Cited in briefs; not specifically applied in opinion. |
| Willis v. McCarty-Holman Co., 187 Miss. 381 |
Discussed in relation to judicial attitude toward store management in pilfering cases. |
Used by the court to explain precedent of leniency toward management but to show limits — the court distinguished and declined to tolerate conduct shown here. |
| Ins. Co. v. Betty, 101 Miss. 880 |
Cited by appellants re: nonliability for certain utterances. |
Cited in briefs; not specifically applied in opinion. |
| Neely v. Payne, 126 Miss. 854 |
Cited by appellants on nonliability points. |
Cited in briefs; not specifically applied in opinion. |
| Idom v. Weeks, 135 Miss. 65 |
Cited by appellants concerning scope of authority and master liability. |
Cited in briefs; court relied on its own res gestae analysis rather than this case expressly. |
| Coulson v. Stevens, 122 Miss. 797 |
Cited by appellants and appellee concerning scope of employment and manager duty. |
Cited in briefs by both sides; court's opinion references scope-of-duty principles consistent with the cited authority. |
| Miller v. Teche Lines, 175 Miss. 351 |
Cited by appellants on scope-of-authority points. |
Cited in briefs; not specifically applied in opinion. |
| Hand v. Ins. Co., 174 Miss. 822 |
Cited by appellants on agency/scope principles. |
Cited in briefs; not specifically applied in opinion. |
| Loper v. R.R. Co., 166 Miss. 79 |
Cited by appellants on limits of employer liability. |
Cited in briefs; court referenced similar scope/time/area analysis (res gestae) in reaching its conclusion. |
| Houston v. Oppenheim, 166 Miss. 619 |
Cited by appellants on agency/scope issues. |
Cited in briefs; not specifically applied in opinion. |
| Russell v. Ins. Co., 106 Miss. 300 |
Cited regarding employer liability. |
Cited in briefs; court's res gestae holding is consistent with the general principle addressed. |
| Natchez R. Co. v. Boyd, 141 Miss. 593 |
Cited by appellants on scope-of-authority. |
Cited in briefs; not specifically applied in opinion. |
| Davis v. Price, 133 Miss. 236 |
Cited on agency/liability points. |
Cited in briefs; not specifically applied in opinion. |
| Craft v. Magnolia Stores, 161 Miss. 756 |
Cited by appellants on scope-of-authority issues. |
Cited in briefs; not specifically applied in opinion. |
| Express Co. v. Fitzner, 59 Miss. 581 |
Cited by appellants on employer liability principles. |
Cited in briefs; not specifically applied in opinion. |
| I.C.R.R. Co. v. Green, 130 Miss. 622 |
Cited by appellants concerning authority and liability. |
Cited in briefs; not specifically applied in opinion. |
| I.C.R.R. Co. v. Bloodworth, 166 Miss. 602 |
Cited by appellants re: foreseeability/prevision of servant's conduct. |
Cited in briefs; court did not adopt prevision argument as a basis for reversal. |
| Hahn v. Owens, 176 Miss. 296 |
Cited by appellants on prevision and continuity issues. |
Cited in briefs; appellee cited related authorities; court's res gestae analysis controlled. |
| Shuptrine v. Herron, 182 Miss. 315 |
Cited on foreseeability/agency points. |
Cited in briefs; not specifically applied in opinion. |
| Greenville v. Laury, 172 Miss. 118 |
Cited on agency/foreseeability issues. |
Cited in briefs; not specifically applied in opinion. |
| Jabron v. State, 172 Miss. 135 |
Cited by appellants on prevision points. |
Cited in briefs; not specifically applied in opinion. |
| Teche Lines, Inc., v. Bounds, 182 Miss. 638, 179 So. 747 |
Cited by appellants to argue insufficiency/scintilla of evidence. |
Cited in briefs; court reviewed evidentiary record and declined to disturb damages. |
| Kramer Service v. Wilkins, 184 Miss. 483, 186 So. 625 |
Cited on evidentiary sufficiency and damages. |
Cited in briefs; court found the record supported the award. |
| Thomas v. Williamson, 185 Miss. 83, 187 So. 220 |
Cited regarding proof of injuries and damages. |
Cited in briefs; court assessed the entire record and affirmed. |
| Mut. Benefit, etc., Assn. v. Johnson, 186 So. 297 |
Cited on sufficiency of evidence for damages. |
Cited in briefs; court nonetheless found damages supportable. |
| Berryhill v. Nichols, 171 Miss. 769, 158 So. 470 |
Cited regarding evidentiary burden for injuries. |
Cited in briefs; court affirmed on the record facts. |
| Killings v. Met. Life Ins. Co., 192 So. 577 |
Cited by appellants on failure to produce treating physician and evidentiary inferences. |
Cited in briefs; court did not reverse on that ground. |
| Robinson v. Haydel, 177 Miss. 233, 171 So. 7 |
Cited on attendance of witnesses and proof of injury. |
Cited in briefs; court nonetheless upheld damages. |
| Mo. Pac. Trans. Co. v. Beard, 172 Miss. 880, 176 So. 156 |
Cited on evidentiary and damages issues. |
Cited in briefs; not specifically applied in opinion. |
| Jones v. State, 159 Miss. 119, 124, 131 So. 826 |
Cited by appellants on evidentiary matters. |
Cited in briefs; court did not adopt appellants' evidentiary contentions as reversible error. |
| Western Union Tel. Co. v. Rogers, 68 Miss. 748 |
Cited on limits of recovery for mental suffering. |
Cited in briefs; court addressed damages contextually and affirmed. |
| Duncan v. Western Union Tel. Co., 93 Miss. 500, 47 So. 552 |
Cited regarding recovery for mental anguish. |
Cited in briefs; court evaluated damages and declined to find excessiveness. |
| Grenada Bank v. Lester, 126 Miss. 442, 455, 89 So. 2 |
Cited on damages jurisprudence. |
Cited in briefs; not specifically applied in opinion. |
| Bonelli et al. v. Branciere, 127 Miss. 556, 90 So. 245 |
Cited on damages principles. |
Cited in briefs; court affirmed award on facts. |
| Tel. Co. v. Ragsdale, 111 Miss. 550, 558, 71 So. 818 |
Cited on measure/limits of damages for mental suffering. |
Cited in briefs; court considered broader context of retail-pilfering cases. |
| G. S.I.R. Co. v. Beard, 129 Miss. 827, 833, 93 So. 357 |
Cited re damages and conduct standards. |
Cited in briefs; not specifically applied in opinion. |
| Newman Lbr. Co. v. Norris, 130 Miss. 751, 759, 94 So. 881 |
Cited on damages principles. |
Cited in briefs; court nonetheless upheld the award here. |
| Anderson v. Cumberland Tel. Tel. Co., 86 Miss. 341 |
Cited on failure to produce witnesses and inferences about injuries. |
Cited in briefs; court found record sufficient to support damages. |
| Bunckley v. Jones, 79 Miss. 1 |
Cited on witness attendance and evidentiary inferences. |
Cited in briefs; not specifically applied in opinion. |
| Calhoun v. Burnett, 40 Miss. 599 |
Cited regarding proof and witness production. |
Cited in briefs; court affirmed on the facts. |
| Sellers v. Powell, 168 Miss. 682 |
Cited on absence of witnesses to alleged public act. |
Cited in briefs; court found sufficient direct testimony of the manager and circumstances. |
| Taylor v. Standard Oil Co., 186 So. 294 |
Cited on witness absence and proof issues. |
Cited in briefs; court resolved on record facts. |
| Pullman Co. v. Anderson, 119 Miss. 791 |
Cited on excessiveness of damages. |
Cited in briefs; court evaluated and upheld the award. |
| Allen v. Friedman, 156 Miss. 77 |
Cited on damages review. |
Cited in briefs; court affirmed on facts. |
| Com. Credit Co. v. Spence, 185 Miss. 293 |
Cited on damages jurisprudence. |
Cited in briefs; court did not reduce damages. |
| Saenger Theatres Corp. v. Herndon, 180 Miss. 791 |
Cited regarding measure of damages. |
Cited in briefs; court affirmed the chancery court's award. |
| Harper case, 189 So. 463 |
Cited on damages precedents. |
Cited in briefs; not specifically applied in opinion. |
| Ogden case, 189 So. 162 |
Cited on damages jurisprudence. |
Cited in briefs; court nonetheless upheld damages. |
| Illges case, 191 So. 817 |
Cited on damages principles. |
Cited in briefs; court affirmed the award. |
| Dixon v. Harris Naval Stores, 109 So. 605 |
Cited by appellee that good faith is not controlling here. |
Cited in appellee's brief; court's opinion treated good faith as insufficient to excuse the conduct. |
| Scott-Burr Corp. v. Edgar, 177 So. 766 |
Authority for holding manager's acts as part of the res gestae (continuous occurrence within scope/time/area of duties). |
Quoted by the court and used to support the conclusion that the acts were sufficiently connected to the manager's duties to impose liability on the owners. |
| Sumner Stores v. Little, 192 So. 857 |
Cited by appellee regarding availability of punitive damages for willful/wanton conduct. |
Cited in briefs; court affirmed punitive/compensatory liability as appropriate on the facts found below. |
| Interstate Co. v. McDaniel, 173 So. 165 |
Cited on continuity of transaction and master liability. |
Cited in briefs; court's res gestae analysis is consistent with the principle. |
| Primos v. Gulfport Laundry Cleaning Co., 128 So. 507 |
Cited on continuous occurrence and employer liability. |
Cited in briefs; court relied on similar reasoning in affirming liability. |
| Hahn v. Owens, 168 So. 622 |
Cited on scope/time/continuity of servant acts. |
Cited in briefs; court's analysis invoked the res gestae concept instead of absolving employer. |
| Restatement of Law, Agency, Secs. 231, 454 |
Authoritative statement of agency rules cited by appellee on employer liability. |
Cited in briefs; court's holding aligns with the agency principles expressed. |
| Loper v. Y. M.V.R.R. Co., 166 Miss. 79, 145 So. 743 |
Cited on continuity of servant's acts and employer liability. |
Cited in briefs; court applied the continuity/res gestae rationale consistent with such authorities. |
| 5 C.J., pp. 619, 620 |
Treatise authority defining assault and battery (touching not strictly required). |
Relied upon by the court in explaining that snatching something from a person in a rude or insolent manner constitutes battery. |
| 6 C.J.S., Assault and Battery, Sec. 9, pp. 801, 802 |
Treatise authority on assault and battery elements. |
Relied upon by the court in defining assault and battery. |
| 2 Bishop, New Criminal Law, Section 72 |
Treatise cited regarding assault/battery doctrine. |
Used by the court as supporting authority for the definition that touching clothing or snatching from the person's hand suffices. |
| Scott-Burr Stores v. Edgar, Miss., 165 So. 623 |
Quoted for the proposition that manager's acts closely embraced by scope/time/area of duties may be deemed part of the res gestae. |
Quoted and applied by the court to support imposition of liability on the store owners. |
| Willis v. McCarty-Holman Co., 187 Miss. 381, 193 So. 337 |
Referenced regarding court's prior lenient attitude toward management in pilfering cases. |
Referenced by the court to acknowledge precedent but distinguished as not permitting the conduct shown here. |