Eagle Construction Co. v. Wabash Railroad
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. Upon the undisputed testimony in this record, the plaintiff should have been nonsuited. Story on Ag’cy [9 Ed.], secs. 11, 309, 318, 456, and citations; Brown v. B’y, 67 Mo. 122; Sewing Machine Co. v. B’y, 70 Id. 672; Express Co. v. Bank, 66 Mo. App. 275; Farber v. B’y, 32 Id. 378; Same v. Same, 116 Mo. 81; Walker v. B’y, 121 Id. 575; Leonard v. B’y, 68 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Hoeatio D. Wood, Judge. Upon the undisputed testimony in this record, the plaintiff should have been nonsuited. Story on Ag’cy [9 Ed.], secs. 11, 309, 318, 456, and citations; Brown v. B’y, 67 Mo. 122; Sewing Machine Co. v. B’y, 70 Id. 672; Express Co. v. Bank, 66 Mo. App. 275; Farber v. B’y, 32 Id. 378; Same v. Same, 116 Mo. 81; Walker v. B’y, 121 Id. 575; Leonard v. B’y, 68 Mo. App. 48. The instruction did not cover any issue, in the cause, except that of the amount of damages to be recovered. For this reason defendant was deprived of a…
1Opinion of the CourtBond, J.
Plaintiff’s statement before a justice of the peace alleges a conversion by defendant of certain railroad ties of the value of $82.50. Defendant suffered a default in the justice’s court and appealed from a judgment against it to the circuit court, whereupon a trial de novo a verdict and judgment were rendered for plaintiff for $82.50 damages and $8.50 interest, from which defendant appealed to this court.
*629C°gelcyfe°vl: dence. m er-*628Appellant insists that the court erred in refusing to *629sustain a demurrer to the evidence. It is well settled that a principal is not liable for the torts or…
2Cases cited2 opinions
- State ex rel. Robertson v. HopeSupreme Court of Missouri · 1894
- Hurst v. Scammon, Bailey & Co.Missouri Court of Appeals · 1895
3Cited by9 opinions
- Hill Bros. v. Bank of SenecaMissouri Court of Appeals · 1903
- Lackland v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
- Wilson v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Dysart-Cook Mule Co. v. Reed & HeckenlivelyMissouri Court of Appeals · 1905
- State ex rel. First National Bank v. Seavey & FlarsheimMissouri Court of Appeals · 1909
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