Ullman v. Hannibal & St. Joseph R. R.
Supreme Court of Missouri
Error to Buchanan Circuit Court. — Hon. Joseph P. Grubb, Judge. argued that if the road had been built by the company’s officers, agents and employees, it would have been liable on the doctrine of respondeat superior; but having been built by an independent contractor, who took the whole job at a stipulated price, employing and paying his own workmen, over whom the company had no control, it is not liable, citing Clark v. Hann. $ St. Jo.
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Error to Buchanan Circuit Court. — Hon. Joseph P. Grubb, Judge. argued that if the road had been built by the company’s officers, agents and employees, it would have been liable on the doctrine of respondeat superior; but having been built by an independent contractor, who took the whole job at a stipulated price, employing and paying his own workmen, over whom the company had no control, it is not liable, citing Clark v. Hann. $ St. Jo. B. B., 36 Mo. 202; Barry v. St. Louis, 17 Mo. 121; Harriman v. Stowe, 57 Mo. 98; 1 Redfield on Railways, 506 ; Laugher v. Pointer, 5 B. & C. 547; Quarmann v.…
1Opinion of the CourtHough, J.
In the year' 1872 the plaintiff was tenant in possession of certain land in Buchanan county, belong*121ing to William Eowler. During the existence of the-lease the defendant purchased of Eowler a right of-way over said land, for the purpose of constructing thereon a branch railroad. There was no condemnation of the plaintiff’s leasehold interest in that portion of the land over which the right of way was granted by Eowler, nor was said interest acquired by the defendant in any other manner. About the 1st of September, 1872, during the existence of the lease, James M, Singleton, under and by…
2Cases cited2 opinions
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Williamson v. FischerSupreme Court of Missouri · 1872
3Cited by5 opinions
- Central of Georgia Railway Co. v. BrownSupreme Court of Georgia · 1901
- Louisville & Nashville R. R. v. AbernathySupreme Court of Alabama · 1916
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Railway Co. v. KnottSupreme Court of Arkansas · 1891
- Fort Smith Suburban Railway Co. v. MaledonSupreme Court of Arkansas · 1906