Legal Opinion

Middendorf v. Schreiber

Missouri Court of Appeals

Decided October 1, 1910PublishedCited by 4 opinions

Appeal from St. Louis Comity Circuit Court. — Hon. John W. MoElhinney, Judge. (1) The court erred in refusing to permit defendant to introduce in evidence tbe rules adopted and in force by the various race courses upon which defendant was racing his horses and plaintiff’s son was riding. (2) An act of a servant which injures or has a tendency to injure his master’s business, interest or reputation will justify his dismissal.

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Appeal from St. Louis Comity Circuit Court. — Hon. John W. MoElhinney, Judge. (1) The court erred in refusing to permit defendant to introduce in evidence tbe rules adopted and in force by the various race courses upon which defendant was racing his horses and plaintiff’s son was riding. (2) An act of a servant which injures or has a tendency to injure his master’s business, interest or reputation will justify his dismissal. Newman v. Reagan, 65 Ga. 512; Kidd v. Pill Co., 91 la. 261. The master has a right to direct the manner in which the business shall be done as well as the result to be…

1Opinion of the CourtNortoni, J.

This is a suit for damages accrued to plaintiff on account of a breach of contract for hire. Plaintiff recovered and defendant appeals.

Plaintiff is the mother of Leo von Graeffen, a minor, and, his father being deceased, sues on a written contract made by her with defendant whereby she let his services to defendant as a jockey. Defendant is a breeder and owner of race horses and entered into a Avritten contract with plaintiff whereby he employed her minor son, Leo von Graeffen, as a jockey to exercise and ride race horses for him for a ‘term of three years from December 1, 1904, until…

2Cases cited2 opinions

  1. Moore v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1906
  2. Moshier v. La Crosse County Agricultural SocietyWisconsin Supreme Court · 1895

3Cited by4 opinions

  1. Hulsey v. Tower Grove Quarry & Construction Co.Supreme Court of Missouri · 1930
  2. c.ed Gaines v. c.w.jonesCourt of Appeals for the Eighth Circuit · 1973
  3. Ross v. St. Louis Public Service Co.Supreme Court of Missouri · 1958
  4. Ankrum v. Commercial State BankMissouri Court of Appeals · 1922

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