Fornoff v. Columbia Taxicab Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Ron. Eugene McQuillen, Judge. (1) The distinction between a cause of action founded upon a breach of duty incident to the relation of carrier and passenger and a cause of action against the master for the tort of a servant while acting within the scope of his employment, is well marked and has been consistently observed by the appellate courts of this State.
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Appeal from St. Louis City Circuit Court. — Ron. Eugene McQuillen, Judge. (1) The distinction between a cause of action founded upon a breach of duty incident to the relation of carrier and passenger and a cause of action against the master for the tort of a servant while acting within the scope of his employment, is well marked and has been consistently observed by the appellate courts of this State. One will not be permitted to sue upon a cause of action arising out of alleged breach of duty incident to the relation of carrier and passenger, and recover for the violation of a duty growing…
1Opinion of the CourtNortoni, J.
This is a suit for damages said to have accrued to plaintiff through an assault upon him by defendant’s chauffeur. Plaintiff recovered .and defendant prosecutes the appeal.
■ The suit proceeds against defendant on the theory that it is a common carrier of passengers and as though plaintiff was a passenger at the time the assault was made upon him by the chauffeur. The important question for consideration in the case relates to this matter. There is no evidence in the record tending to prove the nature of defendant’s calling. Neither is’ it admitted to be a common carrier of passengers.…
Also in this document: Concurrence.
2Cases cited16 opinions
- Gaynor v. Old Colony & Newport Railway Co.Massachusetts Supreme Judicial Court · 1868
- Dodge v. Boston & Bangor Steamship Co.Massachusetts Supreme Judicial Court · 1889
- Jeffersonville, Madison, & Indianapolis Railroad v. RileyIndiana Supreme Court · 1872
- Parsons v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1889
- Lillis v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
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3Cited by4 opinions
- Williams v. Shreveport Yellow Cab Co.Louisiana Court of Appeal · 1938
- Moffit v. Grand Rapids Railway Co.Michigan Supreme Court · 1924
- Seiler v. St. Louis Public Service Co.Missouri Court of Appeals · 1956
- George v. Youngstown Municipal Railway Co.Ohio Court of Appeals · 1946