Scobey v. Allen Cooperage Co.
Missouri Court of Appeals
Appeal from the Circuit Court of Dunklin County. — Hon. W. S. C. Walker, Judge. (1) There was no testimony that respondent was an employee of Allen Cooperage Company, and that the relation of master and servant existed. Morgan v. Bowman, 22 Mo. 538; Long v. Moon, 107 Mo. 334; Benjamin v. Metropolitan Street Ry. Co., 133 Mo. 274; Carter v. Berlin Mills Co., 58 N. H. 52; 22 Am. St. Rep. 459-463; 33 Am.
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Appeal from the Circuit Court of Dunklin County. — Hon. W. S. C. Walker, Judge. (1) There was no testimony that respondent was an employee of Allen Cooperage Company, and that the relation of master and servant existed. Morgan v. Bowman, 22 Mo. 538; Long v. Moon, 107 Mo. 334; Benjamin v. Metropolitan Street Ry. Co., 133 Mo. 274; Carter v. Berlin Mills Co., 58 N. H. 52; 22 Am. St. Rep. 459-463; 33 Am. St. Rep. 692; Frye v. Hobert-Lee Tie Company, (Jan. 1, 1921) 226 S. W. 962. (2) There is no evidence in the record showing that the appellant was guilty of any negligence that caused the injury…
1Opinion of the CourtBradley, J.
This is an action for damages for personal injury. On trial below before the court and a jury, plaintiff obtained a judgment for $600, and from this judgment defendant appealed.
Plaintiff with one Wilbanks was engaged in cutting stave timber. They had cut a túpelo gum, something like eighteen inches or two feet at the butt, and about a forty foot tapering body. The tree did not clear the stump, which was about two and one-half or three feet high, nor did it fall entirely to the ground, but lodged against three trees in such manner that there was considerable pressure transmitted to the body of…
2Cases cited4 opinions
- Forbes v. DunnavantSupreme Court of Missouri · 1906
- Callahan v. WarneSupreme Court of Missouri · 1867
- Hollweg v. Bell Telephone Co.Supreme Court of Missouri · 1906
- Hoel v. Underwriters Land Co.Missouri Court of Appeals · 1913