Marcum v. Missouri, Kansas & Texas Ry. Co.
Missouri Court of Appeals
Appeal from Cooper Circuit Court. — Eon. Wm. E. Martin, Judge. (1) The defendant could not be held liable for the alleged misconduct of the brakeman unless the brakéman was acting within the scope of his authority. This the plaintiff did not prove, and therefore the court erred in refusing the defendant’s demurrer to the evidence and in giving the plaintiff’s instructions, and in refusing to grant a new trial.
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Appeal from Cooper Circuit Court. — Eon. Wm. E. Martin, Judge. (1) The defendant could not be held liable for the alleged misconduct of the brakeman unless the brakéman was acting within the scope of his authority. This the plaintiff did not prove, and therefore the court erred in refusing the defendant’s demurrer to the evidence and in giving the plaintiff’s instructions, and in refusing to grant a new trial. Sherman v. Railroad, 72 Mo. 65; Jackson v. Railroad, 87 Mo. 430; Stringer v. Railroad, 96 Mo. 299; Farber v. Railroad, 32 Mo. App. 382; Jones v. Packet Co., 43 Mo. App. 407; Farber v.…
1Opinion of the Court
ELLISON, J. —
This action is for personal injury in which plaintiff obtained judgment in the trial court.
The defendant, claiming that plaintiff had not made out a case, demurred to the evidence in his behalf and did not introduce any in defense. Plaintiff desired to go from Franklin Junction to Boonville and being informed that one of defendant’s freight trains carried passengers, boarded it as it was moving out. He was near the front end and fearing the speed would be too great when the rear reached him he boarded it from the front end by climbing up on the car, intending to walk back over…
2Cases cited6 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- O'Brien v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Krueger v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1900
- Krueger v. Chicago & Alton RailroadMissouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cashin v. Northern Pacific Railway Co.Montana Supreme Court · 1934
- Jones v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1921