James v. Muehlebach
Missouri Court of Appeals
Appeal from, the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) It was error to give the instructions asked 'by-plaintiff. For there is no evidence that “ the smaller man,” who “ dismounted from the wagon” “to readjust the load, ” “ and who threw one of the kegs onto the sidewalk and against plaintiff, ” was defendant’s servant in the management of that team and wagon.
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Appeal from, the Jackson Circuit Court. — Hon. Turner A. Gill, Judge. (1) It was error to give the instructions asked 'by-plaintiff. For there is no evidence that “ the smaller man,” who “ dismounted from the wagon” “to readjust the load, ” “ and who threw one of the kegs onto the sidewalk and against plaintiff, ” was defendant’s servant in the management of that team and wagon. Douglas v. Stephens, 18 Mo. 363; Paint & Color Co. v. Canton, 92 Mo. 229; Wood on Master and Servant, secs. 306, 281, 304 ; 2 Thomp. on Neg. 899, sec. 21, and cases; Whart. on Neg., secs. 162-188 ; Cooley on Torts…
1Opinion of the CourtEllison, J.
This action is for personal injuries to plaintiff charged to have resulted from the negligence of defendants’ servants.
Defendants operate and conduct a brewery in Kansas City and had in their employ a servant, as a driver of one of their beer wagons. On Sunday, the day of the accident, without defendants’ knowledge, he took an acquaintance upon the w-agon with him at the request of the acquaintance, who merely wanted a ride.
This acquaintance was also an employe of defendants but in an altogether different department.. The ■wagon was loaded with empty beer barrels which began to fall off into…
2Cases cited2 opinions
- Althorf v. . WolfeNew York Court of Appeals · 1860
- Simons v. MonierNew York Supreme Court · 1859
3Cited by15 opinions
- Grant v. KnepperNew York Court of Appeals · 1927
- Hollidge v. DuncanMassachusetts Supreme Judicial Court · 1908
- Ulman v. LindemanNorth Dakota Supreme Court · 1919
- Thixton v. PalmerCourt of Appeals of Kentucky (pre-1976) · 1925
- Haynie v. JonesMissouri Court of Appeals · 1939
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