Legal Opinion

Bradley v. James H. Forbes Tea & Coffee Co.

Supreme Court of Missouri

Decided July 3, 1908PublishedCited by 15 opinions

Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The master’s position to his servant is that of a superior. The servant’s relation to his master is that of subordination. The master owes a duty of inspection to his servants. The servant owes no duty of inspection of his master’s premises. Shórtel v. St. Joseph, 104 Mo. 120; Gntridge v. Railroad, 105 Mo. 526; Scott v. Springfield, 81 Mo. App. 312; Hughes v. Fagin, 46 Mo.

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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The master’s position to his servant is that of a superior. The servant’s relation to his master is that of subordination. The master owes a duty of inspection to his servants. The servant owes no duty of inspection of his master’s premises. Shórtel v. St. Joseph, 104 Mo. 120; Gntridge v. Railroad, 105 Mo. 526; Scott v. Springfield, 81 Mo. App. 312; Hughes v. Fagin, 46 Mo. App. 44; Thompson v. Railroad, 86 Mo. App. 148; Devore v. Railroad, 86 Mo. App. 4291. (2) Defendant’s claim that its demurrer should have been…

1Opinion of the CourtWoodson, J.

Plaintiff instituted this suit in the circuit court of the city of St. Louis to recover the sum of $5,000 damages for the killing of her husband, John M. Bradley, through the alleged negligence of the defendant. There was a trial before the court and a jury, which resulted in a verdict and judgment for the defendant, from which the plaintiff duly appealed. The facts are few, and are substantially as follows:

*324At the time of his injury and death John M. Bradley and plaintiff were husband and wife. Defendant was a business corporation, engaged in the wholesale tea and coffee business in the city…

2Cases cited5 opinions

  1. Knorpp v. WagnerSupreme Court of Missouri · 1906
  2. Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
  3. Henson v. Armour Packing Co.Missouri Court of Appeals · 1905
  4. Livengood v. Joplin-Galena Consolidated Lead & Zinc Co.Supreme Court of Missouri · 1904
  5. Kelley v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1904

3Cited by15 opinions

  1. Waldmann v. Skrainka Construction Co.Supreme Court of Missouri · 1921
  2. Corby v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1910
  3. Sabol v. St. Louis Cooperage Co.Supreme Court of Missouri · 1926
  4. Bennett v. Crystal Carbonate Lime Co.Missouri Court of Appeals · 1910
  5. McDonald v. Central Illinois Construction Co.Missouri Court of Appeals · 1914

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