Chamlee v. Planters Hotel Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.- — Eon. George E. Williams, Judge'. (1) Tbe demurrers to tbe -evidence should have been sustained. An employee cannot recover for injuries received while voluntarily performing a service for which he was not employed. Stagg v. Tea & Spice Co., Tea Mo. 489; Schaub v. Railroad, 106 Mo. 74; O’Brien v. Western Steel Co., 100 Mr. 182; Duvall v. Armour Packing Co., 119 Mo. App. 150; Leffler v. Brewing Ass’n, 127 Mo.
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Appeal from St. Louis City Circuit Court.- — Eon. George E. Williams, Judge'. (1) Tbe demurrers to tbe -evidence should have been sustained. An employee cannot recover for injuries received while voluntarily performing a service for which he was not employed. Stagg v. Tea & Spice Co., Tea Mo. 489; Schaub v. Railroad, 106 Mo. 74; O’Brien v. Western Steel Co., 100 Mr. 182; Duvall v. Armour Packing Co., 119 Mo. App. 150; Leffler v. Brewing Ass’n, 127 Mo. App. 488; Lenk v. Kansas & Texas Coal Co., 80 Mo. App. 374; 2 Labatt, Mast, and Ser., sec. 633; 4 Thompson Comm, on Law of Negligence, sec.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received *150through defendant’s negligence. Plaintiff recovered and defendant prosecutes the appeal.
Defendant owns and conducts a hotel in the city of St. Louis and plaintiff was-dn its employ at the time of his injury as head ash-man and with other duties pertaining to the operation of an elevator. It appears that though plaintiff was originally employed for the purpose of cleaning up and removing ashes from the engine room of the hotel and given the title of head ash-man, he was also directed , by his superior, the…
2Cases cited19 opinions
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Curtis v. McNairSupreme Court of Missouri · 1903
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Chouquette v. Southern Electric RailroadSupreme Court of Missouri · 1899
14 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Grubb Ex Rel. Grubb v. Kansas City Railways Co.Missouri Court of Appeals · 1921
- McFall v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- Nidy v. RiceMissouri Court of Appeals · 1931
- Miller v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1915
- Thornton v. American Zinc, Lead & Smelting Co.Missouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.