Fleishman v. Polar Wave Ice & Fuel Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The petition does not state facts sufficient to constitute a cause of action against the defendant, in that it' merely charges that the negligent act complained of was committed by one of the “defendant’s agents, servants and employees” instead of charging that it was done by defendant or stating facts showing that the servant was at the time acting in the scope of Ms employment as defendant’s…
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Appeal from St. Louis City Circuit Court. — Hon. George H. Williams, Judge. (1) The petition does not state facts sufficient to constitute a cause of action against the defendant, in that it' merely charges that the negligent act complained of was committed by one of the “defendant’s agents, servants and employees” instead of charging that it was done by defendant or stating facts showing that the servant was at the time acting in the scope of Ms employment as defendant’s servant. Briscoe v. Railroad, 130 Mo. App. 513; Drolshagen v. Transit Co., 186 Mo. 285; Snyder v. Railroad, 60 Mo. 413; 26…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of personal injuries received through the alleged negligence of defendant. Plaintiff recovered in the amount of $4500', and defendant prosecutes the appeal.
Defendant is an incorporated company engaged in the ice and coal business in the city of St. Louis, and maintains a branch of its business at Eleventh and Wash streets, near the point where plaintiff received her injury. At this place defendant kept coal, wood, and ice in its yard and buildings, and horses and wagons in its stable. Plaintiff resided at 1006 North Eleventh street,…
2Cases cited14 opinions
- Macon Railway & Light Co. v. MasonSupreme Court of Georgia · 1905
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1910
- Warth v. L. Loewenstein & SonsIllinois Supreme Court · 1905
- Doherty v. LordNew York Court of Common Pleas · 1894
- Briscoe v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1908
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3Cited by5 opinions
- Birmingham Ex Rel. Birmingham v. Kansas City Public Service Co.Supreme Court of Missouri · 1950
- Burns v. Vesto CompanyMissouri Court of Appeals · 1956
- Smith v. Kansas City Public Service Co.Missouri Court of Appeals · 1933
- Ormsby v. A. B. C. Fireproof Warehouse Co.Missouri Court of Appeals · 1923
- Train v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1923