Phillips v. Western Union Telegraph Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. James E. Withrow, Judge. There was no evidence 'that at the time of the collision the defendant Kenzell was engaged in the performanee of any duties as an employee of the Telegraph Company, or that the alleged negligence was in respect to any act or deed on his part required by or incident to his employment, if any. Hillsdorf v. City, 45 Mo 94; Walker v. Railroad, 121 Mo. 575.; Farber v. Railroad, 32 Mo.
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Appeal from St. Louis City Circuit Court. — Ron. James E. Withrow, Judge. There was no evidence 'that at the time of the collision the defendant Kenzell was engaged in the performanee of any duties as an employee of the Telegraph Company, or that the alleged negligence was in respect to any act or deed on his part required by or incident to his employment, if any. Hillsdorf v. City, 45 Mo 94; Walker v. Railroad, 121 Mo. 575.; Farber v. Railroad, 32 Mo. App. 378-381; Hartman v. Muehlbach, 64 Mo. App. 566; Collette v. Rebori, 107 Mo. App. 711, 720'; Grattan v. Suedemeyer, 144 Mo. App. 719, 723;…
1Opinion of the Court
Statement.
About seven o’clock, on the evening of December '28, 1912, plaintiff and his wife were standing at the southeast corner of Grand Avenue and Olive street, in the city of St. Louis, awaiting an opportunity to cross to the west side of Grand Avenue. Mrs.. Phillips was standing on the east curb of Grand Avenue, a few feet south of Olive, one of her feet resting on the sidewalk, the other on the street some four inches below the level of the sidewalk, when she was run into by Samuel Kenzell, a boy between sixteen and seventeen years of age, and knocked down with such violence that her…
2Cases cited6 opinions
- Baldwin v. WhitcombSupreme Court of Missouri · 1880
- Long v. NuteMissouri Court of Appeals · 1907
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- McClanahan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Wiedeman v. St. Louis Taxicab Co.Missouri Court of Appeals · 1914
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Tieman v. Red Top Cab Co.California Court of Appeal · 1931
- Phillips v. Western Union Telegraph Co.Supreme Court of Missouri · 1917
- Hobba v. Postal Telegraph-Cable Co.Washington Supreme Court · 1943
- Rohrmoser v. Household Finance Corp.Missouri Court of Appeals · 1935
- Hoerath v. Sloan's Moving & Storage Co.Supreme Court of Missouri · 1957
5 more not listed; retrieve them via the Exa API.