Thompson v. Portland Hotel Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St.Louis.— Hon. J. Hugo Grimm, Judge. (1) The trial court should have directed a verdict for this defendant. The .evidence showed conclusively that the acts of the defendant Tourse complained of were not within the scope of his employment by this defendant as a matter of law. Collette v. Rebori, 107 Mo. App. 711; Grattan v. Suedmeyer, 144 Mo.
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Appeal from the Circuit Court of the City of St.Louis.— Hon. J. Hugo Grimm, Judge. (1) The trial court should have directed a verdict for this defendant. The .evidence showed conclusively that the acts of the defendant Tourse complained of were not within the scope of his employment by this defendant as a matter of law. Collette v. Rebori, 107 Mo. App. 711; Grattan v. Suedmeyer, 144 Mo. App. 719; Milton v. Railway Co., 193 Mo. 46; Excelsior Products Co. v. Railroad, 263 Mo. 142; Railway Co. v. Kelly, 177 Fed. 1189; Madsuda v. Hammond, 77 Wash. 120; McDermot v. Brewing Co., 105 La. 124;…
1Opinion of the CourtAllen, P. J.
The petition herein was originally in two counts. The first count set up a cause of action for damages for assault and battery alleged by plaintiff to have been committed upon her by the defendants on August 4, 1918, at the Raymond Hotel in the city of St. Louis, and for which she prayed judgment for $5000 actual damages and $5000 punitive damages. The second count alleged a cause of action for damages for slander, but was abandoned below and need not be here further noticed.
The answer of the defendant Tourse is a general denial, as is likewise that of the defendant Portland Hotel Company,…
2Cases cited11 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Bouillon v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
- Maniaci v. Interurban Express Co.Supreme Court of Missouri · 1916
- Shamp v. LambertMissouri Court of Appeals · 1909
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3Cited by6 opinions
- City of St. Louis v. KislingSupreme Court of Missouri · 1958
- Willco Kuwait (Trading) S.A.K. v. deSavaryCourt of Appeals for the First Circuit · 1988
- Mansfield v. SmithieMissouri Court of Appeals · 1981
- Noah v. ZiehlMissouri Court of Appeals · 1988
- Markiewicz v. StateNebraska Supreme Court · 1922
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