Fitzgerald v. Cardwell
Missouri Court of Appeals
Appeal from the Circuit Court of Jasper County. — Hon. J. D. Perkins, Judge. (1) The burden was on the plaintiff to prove by the preponderance or greater weight of evidence, that, at the time of the accident .complained of, the driver of the Buick car, Harold Sigman, was employed by the defendant, Cardwell; that he was his servant, or agent, in driving said car, and was, at said time, acting within the scope of said employment.
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Appeal from the Circuit Court of Jasper County. — Hon. J. D. Perkins, Judge. (1) The burden was on the plaintiff to prove by the preponderance or greater weight of evidence, that, at the time of the accident .complained of, the driver of the Buick car, Harold Sigman, was employed by the defendant, Cardwell; that he was his servant, or agent, in driving said car, and was, at said time, acting within the scope of said employment. These matters were put in issue by the defendant by his answer, a general denial. Moorsehead v. United Railways Company, 203 Mo. 121; Moorsehead v. United Railways…
1Opinion of the CourtBradley, J.
Plaintiff sued to recover damages to his truck caused by collision with a taxi owned by defendant. The cause was tried to a jury, and verdict and judgment in the sum of $300 went for plaintiff. Defendant duly filed his motion for new trial, and the same being overruled, he appealed.
Plaintiff alleges negligence on the part of the driver of the taxi and the said driver was at the time the agent of the defendant and was at the time in the discharge of his duties as such agent; but it is not necessary to set out the charges of negligence since the appeal is based solely on the relation between…
Also in this document: Concurrence.
2Cases cited1 opinion
- Sandifer v. LynnMissouri Court of Appeals · 1893
3Cited by9 opinions
- Kaus v. Unemployment Compensation CommissionSupreme Court of Iowa · 1941
- Burgess v. Garvin Price Merc. Co.Missouri Court of Appeals · 1925
- Chastain v. WintonSupreme Court of Missouri · 1941
- Redwine v. WilkesCourt of Appeals of Georgia · 1951
- Radley v. CommonwealthCourt of Appeals of Kentucky (pre-1976) · 1944
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