Small v. Polar Wave Ice & Fuel Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) The court erred in not sustaining the demurrer to the evidence, because both by the petition and evidence it is shown that the injury resulted not from any exercise of a foreman’s authority, but the act of the foreman in handling the apron — purely an act of a mere workman. English v. Shoe Co., 145 Mo. App. 439, 452; Stephens v. Lbr. Co., 110 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. George E. Shields, Judge. (1) The court erred in not sustaining the demurrer to the evidence, because both by the petition and evidence it is shown that the injury resulted not from any exercise of a foreman’s authority, but the act of the foreman in handling the apron — purely an act of a mere workman. English v. Shoe Co., 145 Mo. App. 439, 452; Stephens v. Lbr. Co., 110 Mo. App. 398, 404. The character of the act, and not the title of the actor, determines his relation to the injured servant; if the act be colabor, and not the exercise of…
1Opinion of the CourtAllen, J.
This is an action by plaintiff for personal injuries received by him while in the employ of the defendant. The suit was instituted before a justice of the peace, where plaintiff had judgment. TJpon appeal to the circuit court, and a trial de novo there, plaintiff again prevailed, and the defendant has appealed to this court.
The statement filed before the justice of the peace avers, in substance, that upon the date in question, while plaintiff was in defendant’s employ, the latter’s foreman ordered plaintiff to assist him in letting down a large, heavy iron gate or apron, used to regulate the…
2Cases cited17 opinions
- Sallee v. McMurryMissouri Court of Appeals · 1905
- English v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1909
- Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1905
- Kirkpatrick v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1908
- Dickinson v. JenkinsMissouri Court of Appeals · 1910
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3Cited by4 opinions
- Baker v. LyellMissouri Court of Appeals · 1922
- Carney v. United Railways Co.Missouri Court of Appeals · 1920
- Scott v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915
- Batesell v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1915