Houck v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Whether plaintiff went into1 the pump house at the time in question on the request of defendant’s employee Kenealy, in order to assist him, as charged in the petition, or wholly upon his oavu volition for his OAvn pleasure, plaintiff under the evidence has no case against defendant company.
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Appeal from Audrain Circuit Court. — Hon. James D. Barnett, Judge. (1) Whether plaintiff went into1 the pump house at the time in question on the request of defendant’s employee Kenealy, in order to assist him, as charged in the petition, or wholly upon his oavu volition for his OAvn pleasure, plaintiff under the evidence has no case against defendant company. In order to make an employer liable for the negligent act of its servant it must be affirmatively shoAvn that in doing the negligent act complained of the servant Avas at the time acting Avithin the scope of his authority and…
1Opinion of the CourtGoode, J.
Action founded on a personal injury. The appellant company maintains a large tank near its depot in the town of Mexico; Missouri, whence its locomotives take water. About one and one-half miles from the depot is a pond which supplies water to the tank. This pond is immediately south of defendant’s right of way. Between twenty and thirty feet west of it are an engine and pump used to force the water through pipes into the tank at the depot. The engine and pump are inclosed in a frame house twenty feet square of two rooms, and the evidence goes to show there is an entrance to each room, one on…
2Cases cited15 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Barney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1895
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
10 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Turner v. Durant Cotton Oil Co.Supreme Court of Oklahoma · 1923
- Hight v. American Bakery Co.Missouri Court of Appeals · 1912
- Jepson v. Shaw Transfer Co.Missouri Court of Appeals · 1922
- Martin v. Maxwell-Brisco Motor Vehicle Co.Missouri Court of Appeals · 1911
- Kendrick v. HarrisMissouri Court of Appeals · 1913
4 more not listed; retrieve them via the Exa API.