Bledsoe v. West
Missouri Court of Appeals
Appeal from Pemiscot Comity Circuit Court. — Hon. Frank Kelly, Judge. (1) The act of the ticket agent in assaulting plaintiff was not within the scope of his employment, and did not pertain to his particular duties under that employment. Hartman v. Muehlebach, 64 Mo. App. 575; Collette v. Railway, 107 Mo.
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Appeal from Pemiscot Comity Circuit Court. — Hon. Frank Kelly, Judge. (1) The act of the ticket agent in assaulting plaintiff was not within the scope of his employment, and did not pertain to his particular duties under that employment. Hartman v. Muehlebach, 64 Mo. App. 575; Collette v. Railway, 107 Mo. App. 711; Earning v. Railway, 157 Mo. 477; Drolshagen v. Railroad, 186 Mo. 258; Milton v. Railway, 193 Mo. 46. (2) The difficulty between plaintiff and the ticket agent was personal, and the assault was brought on by plaintiff’s own misconduct; and in such situation the master cannot he held…
1Opinion of the CourtRobertson, P. J.
— This action, against the receivers of the St. Louis and San Francisco Railroad Company, was brought to recover actual and punitive damages for an assault made upon plaintiff by defendants ’ ticket agent at Caruthersville. This appeal is by defendants from the result of the second trial in which a judgment was obtained by plaintiff for $1000 actual and $500 punitive damages. The first trial resulted in a judgment for $500 actual and $500 prmitive damages. Both trials were to a jury and the • court granted a new trial as to the first verdict on the ground that it was excessive. Whether the…
2Cases cited15 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Bouillon v. Laclede Gas Light Co.Missouri Court of Appeals · 1910
- Briscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Dean v. Wabash RailroadSupreme Court of Missouri · 1910
- Shamp v. LambertMissouri Court of Appeals · 1909
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3Cited by1 opinion
- Dorton v. Kansas City Railways Co.Missouri Court of Appeals · 1920