Appel v. Eaton & Prince Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — So». Jas. E. Withroio, Judge. (1) Defendant, the Mississippi Valley Trust Com-owed no legal duty to deceased who was the servant of an independent contractor, by violation of which it could he charged with negligence and subsequent liability to plaintiff therefor. Shearman & Redfield, Negligence (5 Ed.), secs. 3, 5 and 25; Herzer v. Mfg.
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Appeal from St. Louis City Circuit Court. — So». Jas. E. Withroio, Judge. (1) Defendant, the Mississippi Valley Trust Com-owed no legal duty to deceased who was the servant of an independent contractor, by violation of which it could he charged with negligence and subsequent liability to plaintiff therefor. Shearman & Redfield, Negligence (5 Ed.), secs. 3, 5 and 25; Herzer v. Mfg. Co., 110 Mo. 605; Curley v. Railway, 104 Mo. 211; Roddy v. Railway, 104 Mo. 234. (2) Defendant, the Mississippi Valley Trust Company, is not legally responsible for the injury resulting from the action of…
1Opinion of the CourtBarclay, J.
— We adopt the greater part of the lucid statement of the facts and of the proceedings in the trial court submitted by the learned counsel for the trust company, one of appellants, making some changes therein to conform to our views upon certain of the controverted points.
This is an action under the statute (R. S. 1899, sec. 2865) brought by plaintiff, the widow of George Appel, against Eaton & Prince Company, and the Mississippi Valley Trust Company.
In November, 1897, defendant, the trust company, was owner of a ten-story office building on Olive street between Eighth and Ninth streets in…
2Cases cited3 opinions
- Herdler v. Buck's Stove & Range Co.Supreme Court of Missouri · 1896
- State ex rel. Friedman v. PurcellSupreme Court of Missouri · 1895
- National Bank of Commerce v. Brunswick Tobacco Works Co.Supreme Court of Missouri · 1900
3Cited by3 opinions
- Lisle v. AndersonSupreme Court of Oklahoma · 1916
- Fassbinder v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1907
- Gibbons v. NaritokaCalifornia Court of Appeal · 1929