Phillips v. Western Union Telegraph Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Rhodes . E. Gave, Judge. (1) Where the injury to a third party is caused by the servant’s negligence in the performance of his duties and the liability of the master is based solely on the doctrine of respondeat superior, each is severally liable to ,the injured party, although for different reasons, but they are not joint tortfeasors and cannot be sued jointly.
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Appeal from St. Louis City Circuit Court. — Hon. Rhodes . E. Gave, Judge. (1) Where the injury to a third party is caused by the servant’s negligence in the performance of his duties and the liability of the master is based solely on the doctrine of respondeat superior, each is severally liable to ,the injured party, although for different reasons, but they are not joint tortfeasors and cannot be sued jointly. Campbell v. Phelps, 1 Pick. 65; Parsons v. Winchell, 5 Cush. 592; Mulchy v. Methodist Society, 125 Mass. 487; Page v. Parker, 40 N. H. 47; Brewing Co. v. Przbyiski, 82 111. App. 361;…
1Opinion of the Court
BROWN, C.
— This is a suit for damages suffered by plaintiff under the following circumstances:
The defendant Western Union Telegraph Company is a New York corporation engaged in the business of receiving, transmitting and delivering communications by telegraph between different places in the United States, including the city of St. Louis, in which it had offices for that purpose, among which was an office on the southwest corner of Olive Street and Grand Avenue. Olive Street, at that place, extends east and west while Grand Avenue crosses it, ■ extending north and south. The defendant Kenzell,…
2Cases cited3 opinions
- Maniaci v. Interurban Express Co.Supreme Court of Missouri · 1916
- Phillips v. Western Union Telegraph Co.Missouri Court of Appeals · 1916
- Ryan v. KeaneMassachusetts Supreme Judicial Court · 1912
3Cited by11 opinions
- State Ex Rel. Gosselin v. TrimbleSupreme Court of Missouri · 1931
- Salmons v. Dun & BradstreetSupreme Court of Missouri · 1942
- Hobba v. Postal Telegraph-Cable Co.Washington Supreme Court · 1943
- Rohrmoser v. Household Finance Corp.Missouri Court of Appeals · 1935
- Hoerath v. Sloan's Moving & Storage Co.Supreme Court of Missouri · 1957
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