Chrisco v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Shannon Circuit Court. — Mon- W. N. Evans, Judge. (1) The universal rule is that a principal is liable for the neglect, fraud or other wrongful act of his agent in the course of his employment, though the principal did not authorize the specific act.
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Appeal from Shannon Circuit Court. — Mon- W. N. Evans, Judge. (1) The universal rule is that a principal is liable for the neglect, fraud or other wrongful act of his agent in the course of his employment, though the principal did not authorize the specific act. G-aretzen v. Duenckel, 50 Mo. 107. (2) The liability of the principal for his agents’ torts is not based upon any presumed authority in the agent to do the act, but upon public policy, and that it is more reasonable when one of two innocent persons must suffer from the wrongful act of the third person, that the principal, who placed…
1Opinion of the CourtGray, J.
Defendant’s section hands permitted plaintiff’s son, about nine years of age, to ride with them on a hand car used by the section hands for the purpose of carrying them and also their tools and material used in their work on defendant’s road. Plaintiff’s son and other children had frequently rode on the car, and on the 17th day of January, 1910, the boy got on the car to ride to a schoolhouse, and jumped off while the car was in motion, and the car struck him and he was injured.
The petition alleged negligence in the following language: ‘ ‘ That the defendant and its employees was and for a…
2Cases cited15 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Driscoll v. ScanlonMassachusetts Supreme Judicial Court · 1896
- Bowler v. O'ConnellMassachusetts Supreme Judicial Court · 1894
- Schulwitz v. Delta Lumber Co.Michigan Supreme Court · 1901
- Gillett v. Missouri Valley RailroadSupreme Court of Missouri · 1874
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3Cited by3 opinions
- Seiferth v. St. Louis Southwestern Railway Co.Court of Appeals for the Seventh Circuit · 1966
- Seiferth v. St. Louis Southwestern Railway Co.Court of Appeals for the Seventh Circuit · 1966
- William C. Seiferth v. St. Louis Southwestern Railway CompanyCourt of Appeals for the Seventh Circuit · 1966