Malone v. Morton
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. J. P. Steothee, Judge. (1) There is no liability on defendant here, because hie was simply the agent of Liebke & Schrage, and did not conceal that fact. Indeed made it known at the first proper opportunity. The action should be against the principals. Morgan v. Bowman, 22 Mo. 538 ; Harriman v. Stowe, 57 Mo. 93; Buis v. Coo7c, 60 Mo. 391. It is seen there is no charge or evidence of misfeasance on part of defendant here.
Read the full summary
Appeal from Pettis Circuit Court. — Hon. J. P. Steothee, Judge. (1) There is no liability on defendant here, because hie was simply the agent of Liebke & Schrage, and did not conceal that fact. Indeed made it known at the first proper opportunity. The action should be against the principals. Morgan v. Bowman, 22 Mo. 538 ; Harriman v. Stowe, 57 Mo. 93; Buis v. Coo7c, 60 Mo. 391. It is seen there is no charge or evidence of misfeasance on part of defendant here. He is only charged with nonfeasance. When that is so, the principal and not the agent is liable. (2) The facts here show contributory…
1Opinion of the Court
DeArmond, C.
James Malone sued James Morton before a justice of the peace for one hundred and fifty dollars, for injuries to his arm, received from the breaking of a chain while engaged for Morton in transferring heavy logs from one railroad car to another, at Sedalia. Defendant answered, and on trial by a jury plaintiff recovered the amount sued for. An appeal being taken to the circuit court defendant withdrew his answer (of the contents of which we know nothing), and a second jury awarded plaintiff the full amount for which he sued, one hundred and fifty dollars. The evidence was that…
2Cases cited1 opinion
- McGowan v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1876
3Cited by4 opinions
- Higgins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1891
- Nelson Morris & Co. v. MaloneIllinois Supreme Court · 1902
- Ward v. Liverpool Salt & Coal Co.West Virginia Supreme Court · 1916
- Yarslowitz v. BienenstockNew York Supreme Court · 1910