Drolshagen v. Union Depot Railroad
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Bow. Jno. W. McElhinney, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any evidence. The first count falls far short of alleging that the act charged was within the scope of his employment. The fact that the motorman and driver was in charge of the car, at the time of the alleged commission of the acts, does not state a case.
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Appeal from St. Louis County Circuit Court. — Bow. Jno. W. McElhinney, Judge. (1) The court erred in overruling defendant’s objection to the introduction of any evidence. The first count falls far short of alleging that the act charged was within the scope of his employment. The fact that the motorman and driver was in charge of the car, at the time of the alleged commission of the acts, does not state a case. The pleading must go further and show that the motorman was “engaged in the service he had been engaged to render.” Cousins v. Railroad, 66 Mo. 572; Doldan v. Hubinger, 80 N. W. 514, 6…
1Opinion of the CourtValliant, J.
— Plaintiff sues to recover the penalty prescribed by the statute, section 2864, Revised Statutes 1899, for the death of his minor son caused by being run over by a street car of defendant. The petition is in four counts: in the first it is stated that the boy was on the car and was forcibly ejected therefrom by the negligent act of the motorman; the second, that the boy was on the car and was ejected therefrom by the motorman striking him unlawfully, willfully and with criminal intent; the third, that the boy was on the public street, and that the motorman negligently ran the car against him…
2Cases cited8 opinions
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- City of St. Louis ex rel. Seibert v. AllenSupreme Court of Missouri · 1873
- Owens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1874
- Brady v. ConnellySupreme Court of Missouri · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Cain v. BowlbyCourt of Appeals for the Tenth Circuit · 1940
- Oganaso v. MellowSupreme Court of Missouri · 1947
- Higgins v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1906
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- Sanchez v. Contract Trucking Co.New Mexico Supreme Court · 1941
7 more not listed; retrieve them via the Exa API.