Newberry v. Missouri Granite & Construction Co.
Missouri Court of Appeals
Appeal from St. Francois Circuit Court. — Hon. Peter H. Huck, Judge. (1) The foreman of Missouri Granite and Construction Company could not make it liable for the services of these surgeons, in the absence of evidence that its foreman had been authorized by it to summon medical aid in the case of emergency. Meisenback y. Company, 45 Mo. App. 232; Weinsberg v. Company, 135 Mo. App. 564; Jesserick v. Walruff, 51 Mo.
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Appeal from St. Francois Circuit Court. — Hon. Peter H. Huck, Judge. (1) The foreman of Missouri Granite and Construction Company could not make it liable for the services of these surgeons, in the absence of evidence that its foreman had been authorized by it to summon medical aid in the case of emergency. Meisenback y. Company, 45 Mo. App. 232; Weinsberg v. Company, 135 Mo. App. 564; Jesserick v. Walruff, 51 Mo. App. 565; Morrell v. Lawrence, 203 Mo. 363. (2) The law favors compromises and settlements, and when parties in good faith make such offers, but fail to effect settlement, the…
1Opinion of the CourtNortoni, J.
This is a' suit on an account for the services of three physicians and surgeons. Plaintiff recovered and defendant prosecutes the appeal.
It appears that, defendant, an incorporated company, owns and operates a stone quarry in St. Francois county. Theodore Anderson, who was in its employ at the quarry,, was severely injured, as the result of an explosion, so as to occasion the amputation of both of his hands. Defendant’s president, Gottlieb Eyerman, Jr., was in St. Louis at the time, as was also A. H. Schmalz, its secretary, treasurer and general manager. James Nossit, defendant’s foreman, was…
2Cases cited3 opinions
- Moore v. H. Gaus & Sons Manufacturing Co.Supreme Court of Missouri · 1892
- Weinsberg v. St. Louis Cordage Co.Missouri Court of Appeals · 1909
- Evans v. Marion Mining Co.Missouri Court of Appeals · 1903
3Cited by5 opinions
- Huttig v. BrennanSupreme Court of Missouri · 1931
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Drake v. RowanMissouri Court of Appeals · 1925
- Greensfelder v. Witte Hardware Co.Missouri Court of Appeals · 1915
- Cameron v. Electric Household Stores, Inc.Missouri Court of Appeals · 1935