Garretzen v. Duenckel
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. The defense set up is that the salesman was not acting in the course of his employment, and that the master is not liable for damages resulting from an injury caused by the carelessness or negligence of the servant, in the performance of an act not within the scope of the agency or the course of the employment of the servant, and which was expressly forbidden; also that there was no negligence.
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Appeal from St. Louis Circuit Court. The defense set up is that the salesman was not acting in the course of his employment, and that the master is not liable for damages resulting from an injury caused by the carelessness or negligence of the servant, in the performance of an act not within the scope of the agency or the course of the employment of the servant, and which was expressly forbidden; also that there was no negligence. The principle of law holding the master liable for the acts of his servant or agent, rests on the ground that the master should not do an act himself, or canse it…
1Opinion of the CourtWagner, Judge
This was an action against the defendant for damages caused by a wound inflicted on the plaintiff by the firing of a gun by a salesman who was in the employ of the defendant. The record shows that at the time of the happening of the injury the defendant was the keeper of a gun and ammunition store; that one Brewer was his servant, employed by him in selling arms and ammunition; and that, upon the occasion of the injury, the defendant being absent, Brewer was showing a rifle of Henry’s patent to a customer, who requested to have it loaded, in order that he might see how it worked, and refused…
2Cases cited3 opinions
- Mali v. . LordNew York Court of Appeals · 1868
- Douglass v. StephensSupreme Court of Missouri · 1853
- Minter v. Pacific RailroadSupreme Court of Missouri · 1867
3Cited by81 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Hays v. HoganSupreme Court of Missouri · 1917
- Doran v. ThomsenSupreme Court of New Jersey · 1908
- Gregory's Adm'r v. Ohio River R'dWest Virginia Supreme Court · 1893
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
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