Healy v. Wrought Iron Range Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.— Hon. Jos. A. Guthrie, Judge. (1) The court erred in overruling tlie demurrer to the evidence offered by tbe appellant at the close of plaintiffs’ evidence, and at tbe close of all tbe evidence, for tbe reason that tbe servants, agents and employees of appellant at tbe time tbe alleged wrongs were committed were not acting witbin tbe scope'of their authority, or in tbe furtherance of their master’s business, (a) Tbe constable was not tbe…
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Appeal from Jackson Circuit Court.— Hon. Jos. A. Guthrie, Judge. (1) The court erred in overruling tlie demurrer to the evidence offered by tbe appellant at the close of plaintiffs’ evidence, and at tbe close of all tbe evidence, for tbe reason that tbe servants, agents and employees of appellant at tbe time tbe alleged wrongs were committed were not acting witbin tbe scope'of their authority, or in tbe furtherance of their master’s business, (a) Tbe constable was not tbe agent and servant of tbe appellant for any purpose. Mechem on Agency, sec. 839; Mechem on Public Officers, sec. 904;…
1Opinion of the CourtEllison, J.
Plaintiff brought this action, joining her husband as a party plaintiff. The action is based on a charge of malicious assault and battery, accompanied by abusive and profane words. She recovered judgment in the trial court for $1,000 actual and $7,000 punitive damages. The trial court suggested a remittitur of $5,000 of the punitive damages, which the plaintiff consented should be entered, and judgment was then rendered for $3,000, and defendant appealed.
There was evidence in plaintiffs’ behalf that two negroes in defendant’s employ, or at least one of them, assaulted plaintiff and cursed and…
2Cases cited9 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Wyllie v. . PalmerNew York Court of Appeals · 1893
- Higgins v. . Western Union Telegraph Co.New York Court of Appeals · 1898
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Olive v. . the Whitney Marble Co.New York Court of Appeals · 1886
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3Cited by5 opinions
- Biskup Ex Rel. Biskup v. HoffmanMissouri Court of Appeals · 1926
- Holloway v. SchieldSupreme Court of Missouri · 1922
- Mason v. Down Town Garage Co.Missouri Court of Appeals · 1932
- Wilcox v. Kansas City Western Railway Co.Court of Appeals of Kansas · 1919
- Lane v. Singer Sewing Machine Co.District Court, W.D. Missouri · 1954