Mound City Paint & Color Co. v. Conlon
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. (1) Independently of tbe relation of master and servant, defendant, Conlon, cannot be held liable on the-ground that Archibald was Ms agent in doing tbe digging wbicb destroyed tbe building, and acted under bis directions, unless the evidence- showed to tbe satisfaction of tbe jury that defendant either directed, authorized* ratified, or adopted the acts of Archibald in doing said digging.
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Appeal from, St. Louis Court of Appeals. (1) Independently of tbe relation of master and servant, defendant, Conlon, cannot be held liable on the-ground that Archibald was Ms agent in doing tbe digging wbicb destroyed tbe building, and acted under bis directions, unless the evidence- showed to tbe satisfaction of tbe jury that defendant either directed, authorized* ratified, or adopted the acts of Archibald in doing said digging. Defendant’s evidence showed (and the jury so found in each case under instructions very favorable to the plaintiff) that he neither directed, authorized, adopted,…
1Opinion of the CourtBlack, J.
The plaintiff, a corporation, brought this suit to recover damages done to its goods by the falling of the south wall of the brick building known as number 704, on Second street, in St. Louis. The wall, it is alleged, fell by reason of the negligence of defendant, who had been employed by the owner of the property to underpin it. Mr. Snyder was the contractor for the erection of a new house on property south of and adjoining the wall, and he had employed Mr. Archibald to excavate the cellar, which had been done to the depth of nine feet, three or four feet below the wall to 704; but Archibald…
2Cases cited1 opinion
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
3Cited by12 opinions
- Quinn v. RailroadTennessee Supreme Court · 1895
- Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
- Jones v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1894
- Semper v. the American PressMissouri Court of Appeals · 1925
- Ford v. Louisiana & A. Ry. Co.Louisiana Court of Appeal · 1940
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