Reynolds v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Gentry Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) Tbe acts of tbe agent bind tbe principal only when witbin tbe scope of bis authority, or when tbe principal has by ratifying them made the unauthorized acts of the agent his own. Flesh v. Lindsay, 115 Mo. 1. (2) In the absence of express appointment of ratification or of an estoppel there is no evidence of agency.
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Appeal from Gentry Circuit Court. — Eon. Wm. G. Ellison, Judge. (1) Tbe acts of tbe agent bind tbe principal only when witbin tbe scope of bis authority, or when tbe principal has by ratifying them made the unauthorized acts of the agent his own. Flesh v. Lindsay, 115 Mo. 1. (2) In the absence of express appointment of ratification or of an estoppel there is no evidence of agency. Alexander v. Rollins, 84 Mo. 657. (3) The authority of a person to act as agent for another cannot be shown by evidence of the declarations or admissions of the agent. Mitchum v. Dunlap, 98 Mo. 418; Timber & Iron…
1Opinion of the CourtBroaddus, P. J.
On the 20th. day of May, 1902, one R. B. Coffey while a passenger on defendant’s train was injured in a wreck near Albany, Gentry county, Missouri. The agent at the station caused him to be moved to a hotel in said town and sent for physicians to attend his injuries. About five days thereafter, Coffey *673sent for the plaintiff, his family physician, to consult with the doctors already in attendance in reference to his treatment, and removal to his home in King City about seventeen miles distant. Previously, however, one Ballew, who was the stock agent of defendant, had been to see Coffey and had…
2Cases cited11 opinions
- Brooks v. JamesonSupreme Court of Missouri · 1874
- Brown v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1877
- Tucker v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1873
- Mayberry v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1882
- Mitchum v. DunlapSupreme Court of Missouri · 1889
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3Cited by7 opinions
- Hunicke v. Meramec Quarry Co.Supreme Court of Missouri · 1914
- Ghio v. Schaper Bros.Missouri Court of Appeals · 1914
- Phillips v. Geiser Manufacturing Co.Missouri Court of Appeals · 1908
- Freeman v. Junge Baking Co.Missouri Court of Appeals · 1907
- Jolly v. HueblerMissouri Court of Appeals · 1908
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