Chandler v. Gloyd
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hón. W. B. Teas dale, Judge. The trial court erred in holding that a peremptory instruction to find for defendants should have been given at the conclusion of all the evidence in the case, (a) Knight in digging up-, paying for and carrying away the load of cinders which formed the excavation into which plaintiff fell was in the execution of his master’s business and was acting within the scope of his employment, (b) In cases like this…
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Appeal from Jackson Circuit Court. — Hón. W. B. Teas dale, Judge. The trial court erred in holding that a peremptory instruction to find for defendants should have been given at the conclusion of all the evidence in the case, (a) Knight in digging up-, paying for and carrying away the load of cinders which formed the excavation into which plaintiff fell was in the execution of his master’s business and was acting within the scope of his employment, (b) In cases like this where the terms of the employment are established by word of mouth and the course of business or practice, if it cannot be…
1Opinion of the CourtGantt, P. J.
This is an appeal from an order of the circuit court of Jackson county granting a new trial to the defendants on the ground that said court erred in refusing the peremptory instruction requested by the defendants, at the close of all the testimony in the case, to find for the defendants.
Prior to the investigation of the alleged error of the circuit court in granting said new trial, we are called upon to determine the motion of the defendants to dismiss this appeal or affirm the judgment of the circuit court in granting said new trial, on the ground that the record shows that the appeal was…
2Cases cited8 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Hewitt v. SteeleSupreme Court of Missouri · 1893
- Lynch v. Metropolitan Elevated Railway Co.New York Court of Appeals · 1882
- Gray v. ParkerSupreme Court of Missouri · 1866
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- State Ex Rel. May Department Stores Co. v. HaidSupreme Court of Missouri · 1931
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Bouillon v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
- Manthey v. Kellerman Contracting Co.Supreme Court of Missouri · 1925
- Taylor v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1933
16 more not listed; retrieve them via the Exa API.