Robbs Ex Rel. Robbs v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the Circuit Court of Butler County. — Hon. Almon Ing, Judge. (1) The judgment cannot be sustained against appellant Railroad Company for tbe reason tbat the testimony fails to show that appellant, Bolton, at the time he shot respondent was performing any act for the Company which pertained to the particular duties of his employment. Milton v. Railroad, 193 Mo. 46; Snider y. Hannibal & St. Jo.
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Appeal from the Circuit Court of Butler County. — Hon. Almon Ing, Judge. (1) The judgment cannot be sustained against appellant Railroad Company for tbe reason tbat the testimony fails to show that appellant, Bolton, at the time he shot respondent was performing any act for the Company which pertained to the particular duties of his employment. Milton v. Railroad, 193 Mo. 46; Snider y. Hannibal & St. Jo. R. R. Co., 60 Mo. 413; Golden v. New-brand, 52 Iowa, 59; Holler v. Ross, 68 N. J. L. 324, 59 L. R. A. 943; Walker v. Railroad, 121 Mo. 575. (2) The verdict and judgment cannot be sustained…
1Opinion of the CourtBradley, J.
Plaintiff, a minor, thirteen years of age, by next friend, proceeded against defendants for personal injury resulting from being shot by defendant, Bolton. On a jury trial plaintiff had judgment for $2000 actual and $2000 punitive damages. The usual motion was filed and overruled, and defendants appealed.
Plaintiff alleges that on July 15, 1920, defendant Bolton, while in the employ of defendant railway company as an armed watchman or guard of its dynamite storage house, and while acting for the railway company and within the scope of his employment, did unlawfully, feloniously, on purpose,…
2Cases cited35 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Morgan v. MulhallSupreme Court of Missouri · 1908
- State v. VaughanSupreme Court of Missouri · 1906
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3Cited by3 opinions
- Shugar v. GuillSupreme Court of North Carolina · 1981
- Wolfsen v. HathawayCalifornia Supreme Court · 1948
- Wolfsen v. HathawayCalifornia Supreme Court · 1948