Barree v. City of Cape Girardeau
Supreme Court of Missouri
Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. . (1) All the allegations in the petition are, by the demurrer, admitted to be true for the purpose of deciding the question raised by it. McKenzie v. Mathews, 59 Mo. 99. (2) The sole contention of respondent’s counsel in the trial court was that the defendant, being a municipal corporation, could not be held responsible for the non-feasance of its servant.
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Appeal from Cape Girardeau Circuit Court. — Hon. Henry G. Riley, Judge. . (1) All the allegations in the petition are, by the demurrer, admitted to be true for the purpose of deciding the question raised by it. McKenzie v. Mathews, 59 Mo. 99. (2) The sole contention of respondent’s counsel in the trial court was that the defendant, being a municipal corporation, could not be held responsible for the non-feasance of its servant. This contention was based on the case of Ulrich v..St. Louis, 112 Mo. 138. But in this case, as in all the others on this question, the court makes the same…
1Opinion of the CourtBurgess, P. J.
This is an action for ten thousand dollars damages alleged to have been sustained by plaintiff by reason of the wrongful and unlawful acts and assault by one Fritz Brunke, agent and servant of defendant, upon plaintiff.
The petition, leaving off the formal parts, is as follows:
“Plaintiff for his cause of action, by leave of court first had and obtained for his amended petition herein, states that at all times hereinafter mentioned, he was the lessee of the Cape Girardeau Street Railway Company, a corporation duly incorporated under and by the laws of the State of Missouri, and which said…
2Cases cited17 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Conrad v. . the Trustees of the Village of IthacaNew York Court of Appeals · 1857
- Harriman v. StoweSupreme Court of Missouri · 1874
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
12 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Oberkramer v. City of EllisvilleMissouri Court of Appeals · 1983
- Niblock v. Salt Lake CityUtah Supreme Court · 1941
- Kornec v. Mike Horse Mining & Milling Co.Montana Supreme Court · 1947
- Darks v. Scudder-Gale Grocer Co.Missouri Court of Appeals · 1910
- Myers v. City of PalmyraSupreme Court of Missouri · 1962
17 more not listed; retrieve them via the Exa API.