Bouillon v. Laclede Gas Light Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Moses E. fS'aie, Judge. (1) “Where the facts are in dispute or more than one inference can be drawn therefrom the question of the employee’s negligence is for the jury, as is the cause of the injury, and whether the servant acted within the scope of his employment.
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Appeal from St. Louis City Circuit Court. — Eon. Moses E. fS'aie, Judge. (1) “Where the facts are in dispute or more than one inference can be drawn therefrom the question of the employee’s negligence is for the jury, as is the cause of the injury, and whether the servant acted within the scope of his employment. If there is any evidence tending to proye the cause of action, from which different inferences may be drawn, or if there is a conflict in the evidence as to material issues, a nonsuit or directed verdict should not be granted.” 26 Cyc., pp. 1576-7; Gayle v. Mo. C. & F. Co., 177 Mo.…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued through physical injuries which resulted from fright. At the conclusion of plaintiff’s case the court directed a yerdict for defendant and plaintiff prosecutes the appeal.
It appears that plaintiff, a married woman, resides in the lower flat at 812 North Jefferson ayenue in the city of St. Louis and at the time in question was there sick in bed. She was pregnant with child and threatened with a miscarriage. She had been confined to her bed in care of a physician for about one month when, on October-16, defendant’s agent came to the front door of'her apartment…
2Cases cited23 opinions
- Hill v. KimballTexas Supreme Court · 1890
- Larson v. ChaseSupreme Court of Minnesota · 1891
- Clinton v. EnglebrechtSupreme Court of the United States · 1872
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Purcell v. St. Paul City Ry. Co.Supreme Court of Minnesota · 1892
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3Cited by33 opinions
- Kopka v. Bell Telephone Co. of Pa.Supreme Court of Pennsylvania · 1952
- Stafford v. MusterSupreme Court of Missouri · 1979
- Bartow v. SmithOhio Supreme Court · 1948
- Johnson v. SampsonSupreme Court of Minnesota · 1926
- Kirby v. Jules Chain Stores Corp.Supreme Court of North Carolina · 1936
28 more not listed; retrieve them via the Exa API.