Brill v. Eddy
Supreme Court of Missouri
Appeal from Pettis Circuit Court. — Hon. Eichaed Field, Judge. (1) Even if McMahan had been guilty of any negligence at the time and place complained of, the defendants cannot be held liable therefor, because McMahan was a special policeman and not the servant of defendants, and his alleged acts were not in the line of any duty as a servant of the defendants. Farter v. Railroad, 32 Mo. App. 378; Tolchester Reach Improvement Co. v. Steinmeier, 20 Atl.
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Appeal from Pettis Circuit Court. — Hon. Eichaed Field, Judge. (1) Even if McMahan had been guilty of any negligence at the time and place complained of, the defendants cannot be held liable therefor, because McMahan was a special policeman and not the servant of defendants, and his alleged acts were not in the line of any duty as a servant of the defendants. Farter v. Railroad, 32 Mo. App. 378; Tolchester Reach Improvement Co. v. Steinmeier, 20 Atl. Eep. 188; Thornton v. Railroad, 42 Mo. App. 58; 2 Wood’s Eailway Law, p. 1212; Carter v. Machine Co., 51 Md. 290. He was a de facto officer,…
1Opinion of the CourtBlack, P. J.
The plaintiff, a minor suing by his next friend, brought this action against the defendants, who are the receivers of the Missouri, Kansas & Texas Railway Company, to recover damages for the loss of an arm. The chief complaints made in this court, are, first: that there is no evidence of negligence on the part of McMahan; second, if McMahan was guilty of negligence the defendants are not liable because he was acting in the capacity of a police officer.
The evidence bearing on the first complaint is in substance this: The yards of the railroad company extend from Third to Eleventh streets in…
2Cases cited2 opinions
- Tolchester Beach Improvement Co. v. SteinmeierCourt of Appeals of Maryland · 1890
- Jardine v. CornellSupreme Court of New Jersey · 1888
3Cited by31 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Texas & New Orleans Railroad v. ParsonsTexas Supreme Court · 1908
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- McKain v. Baltimore & Ohio R. R. Co.West Virginia Supreme Court · 1909
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