Steinhauser v. Spraul
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. Action for damages. The substantial portion of the petition is as follows: “That, heretofore, to wit, in the month of-, 1887, she was engaged by Erwin Spraul, then husband ■of defendant, but since deceased, as a cook at his residence, and that she continued in her said employment for said Spraul until about the first day of June, 1889; that while she was thus engaged, she was under the direction and control of defendant, the wife and…
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Appeal from St. Charles Circuit Court. Action for damages. The substantial portion of the petition is as follows: “That, heretofore, to wit, in the month of-, 1887, she was engaged by Erwin Spraul, then husband ■of defendant, but since deceased, as a cook at his residence, and that she continued in her said employment for said Spraul until about the first day of June, 1889; that while she was thus engaged, she was under the direction and control of defendant, the wife and agent of said Erwin Spraul. “And plaintiff: further states, that, heretofore, to wit, on the eighth day of May, 1889, and…
1Opinion of the Court
DIVISION TWO.-
Sherwood, J.
I. Various grounds have been assigned for the reversal of the judgment in this cause, some of which will now be considered,
*552The theory on which this cause was tried in the court below was that defendant was the wife and agent of her then husband Erwin Spraul, and as such gave the command which it is claimed indirectly resulted in the litigated injury. The whole case turns on the point whether, in giving such order, defendant was guilty of a mere omission of duty or negligence, while acting within the scope of her implied authority derived from her husband, or whether…
2Cases cited11 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Blanton v. DolbSupreme Court of Missouri · 1891
- Flesh v. LindsaySupreme Court of Missouri · 1893
- Fugler v. BotheSupreme Court of Missouri · 1893
- Venable v. Wabash Western Railway Co.Supreme Court of Missouri · 1893
6 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Lambert Ex Rel. Lambert v. JonesSupreme Court of Missouri · 1936
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Mathis v. Kansas City Stock Yards Co.Supreme Court of Missouri · 1904
- Kelly v. Chicago & A. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1903
27 more not listed; retrieve them via the Exa API.