Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.
Supreme Court of Missouri
Appeal from J achson Circuit Court. — ITon. John W. Henry, Judge. (1) Tbe defendant is not liable on the contract sued on for the reason that the newsboy was killed while .acting as a lookout on plaintiff’s train and while outside the line of his employment as news agent, (a) The engineer in charge of the train had authority under the circumstance of the case to call on the news agent for assistance. Sloan y.
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Appeal from J achson Circuit Court. — ITon. John W. Henry, Judge. (1) Tbe defendant is not liable on the contract sued on for the reason that the newsboy was killed while .acting as a lookout on plaintiff’s train and while outside the line of his employment as news agent, (a) The engineer in charge of the train had authority under the circumstance of the case to call on the news agent for assistance. Sloan y. Railroad, 62 la. 736; Church v. Railroad, 50 Minn. 220; Marks v. Railroad, 146 N. T. 181; Railroad v. Probst, 85 Ala. 203; Railroad v. Probst, 83 Ala. 525; Railroad v. Ginley, 45 S. W.…
1Opinion of the Court
BRACE, P. I.
On the 28th of December, 1889, the plaintiff and defendant entered into a written contract by which the plaintiff for and in consideration of the sum of $1,500, and of the covenants of the defendant therein contained, granted to said news company the privilege of selling upon its regular passenger trains during the year beginning January, 1890, “periodicals, newspapers, books, confections, fruits, cigars, cakes, pies and sandwiches,” under certain conditions and regulations therein set out, said contract containing among others the following covenants upon the part of…
2Cases cited19 opinions
- Liverpool & Great Western Steam Co. v. Phenix InsuranceSupreme Court of the United States · 1889
- Railroad Co. v. LockwoodSupreme Court of the United States · 1873
- Phœnix Insurance v. Erie & Western Transportation Co.Supreme Court of the United States · 1886
- American Casualty Insurance Company's CaseCourt of Appeals of Maryland · 1896
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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- Independent Milk & Cream Co. v. Aetna Life InsuranceMontana Supreme Court · 1923
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