O'Brien v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. The conductor at the time of the shooting was not engaged in the performance of any duty for the defendant.
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Appeal from St. Louis County Circuit Court. — Eon. John W. McElhinney, Judge. The conductor at the time of the shooting was not engaged in the performance of any duty for the defendant. The scuffle during which the. pistol was discharged grew out of the personal quarrel between the plaintiff’s-husband and the conductor, in which the conductor was-acting on his individual responsibility, and not within the scope of his agency for defendant, and the defendant is not- liable therefor. Lynch v. Railroad, 10 Am. Neg’. Rep. 257. Even had the conductor expelled the deceased from the car, yet if…
1Opinion of the CourtYalliant, J.
Plaintiff is the widow of Michael O’Brien who was killed by a conductor of one of defendant’s street cars, as the petition charges, “whilst in charge of its said car, as driver and controller, negligently and with criminal intent. ’ ’ The suit is founded on section 2864, Revised Statutes.1899.
The plaintiff’s evidence tended to prove as follows :
Michael O’Brien, plaintiff’s husband, was a passenger on one of defendant’s street cars; his destination was Twelfth and Hebert streets; on approaching that crossing he signaled the conductor to stop there, .but the car passed Twelfth street and went…
2Cited by21 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Layne v. Chesapeake & Ohio Ry. Co.West Virginia Supreme Court · 1909
- O'Brien v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Hall v. Seaboard Air Line Railway Co.Supreme Court of Florida · 1921
- Hoeffen v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
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