Gordner v. St. Louis Screw Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor, Judge. (1) A master is liable for the negligent act of the servant only when the negligent act itself is within the scope of the employment, and the'fact that the servant acted voluntarily for the supposed benefit' of the master does not render the master liable. Farber v. Railroad, 32 Mo. App. 378; Snyder v. Railroad, 60 Mo. 413; Walker v. Railroad, 121 Mo. 575; Hartman v. Muehle-bacb, 64 Mo.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Wilson A. Taylor, Judge. (1) A master is liable for the negligent act of the servant only when the negligent act itself is within the scope of the employment, and the'fact that the servant acted voluntarily for the supposed benefit' of the master does not render the master liable. Farber v. Railroad, 32 Mo. App. 378; Snyder v. Railroad, 60 Mo. 413; Walker v. Railroad, 121 Mo. 575; Hartman v. Muehle-bacb, 64 Mo. App. 565; Wyllie y. Palmer, 137 N. Y. 248; Guthrie v. Holmes, 198 S. W. 854; Marion v. Railroad, 59 Iowa, 429; Healy v.…
1Opinion of the CourtAllen, J.
— Plaintiff, respondent here, instituted this action against the St. Louis Screw Company, a corporation, appellant here, and one Edward Mongrain, to recover damages for personal injuries sustained by plaintiff resulting from a collision between an automobile owned and operated by defendant Mongrain and a wagon driven by plaintiff. At the time of the collision defendant Mongrain was in the employ of his codefendant, the St. Louis Screw Company, as its master mechanic at a plant operated by that company in the city of St. Louis, and liability is asserted against that company upon the theory…
2Cases cited15 opinions
- Singer Manufacturing Co. v. RahnSupreme Court of the United States · 1889
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Waters v. Pioneer Fuel Co.Supreme Court of Minnesota · 1893
- Standard Oil Co. v. ParkinsonCourt of Appeals for the Eighth Circuit · 1907
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- Margulis v. National Enameling & Stamping Co.Supreme Court of Missouri · 1930
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