McQuerry v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from. Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The liability of a street railway company for the acts of its conductor in causing the arrest and prosecution of supposed offenders against the rights of the street, car company is set forth in the case of Boden v. Transit Co., 108 Mo.
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Appeal from. Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The liability of a street railway company for the acts of its conductor in causing the arrest and prosecution of supposed offenders against the rights of the street, car company is set forth in the case of Boden v. Transit Co., 108 Mo. App. 696. (2) So it is not the continuous existence of the relation or carrier and passenger which brings the acts of the conductor within his authority as a representative of the carrier, but the test is, is he doing an act in the line and of the nature of his general duties. Haehl v. Ry., 119…
1Opinion of the CourtJohnson, J.
Action against a common carrier to recover damages alleged to have been sustained by a passenger as the result of the breach of the contract of carriage. Plaintiff recovered judgment in the sum of one hundred dollars, actual, and twenty-five hundred dollars, punitive damages. Motions for new triál and in arrest of judgment were filed by defendant and, upon hearing, sustained by the court on the ground that error had been committed “in giving plaintiff’s instruction numbered 6 and in refusing defendant’s instruction numbered 10.” The cause is here on plaintiff’s appeal.
The petition charges:…
2Cases cited4 opinions
- O'Brien v. St. Louis Transit Co.Supreme Court of Missouri · 1904
- Wise v. Covington & Cincinnati Street Railway Co.Court of Appeals of Kentucky · 1891
- Eads v. Metropolitan Railway Co.Missouri Court of Appeals · 1891
- Flynn v. St. Louis Transit Co.Missouri Court of Appeals · 1905
3Cited by3 opinions
- Hoeffen v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
- McDonald v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Shelby v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1910