Mangan v. Foley
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. There was no evidence to show a cause of action, and the court should have given the instruction asked by defendant as a demurrer to the evidence.
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. There was no evidence to show a cause of action, and the court should have given the instruction asked by defendant as a demurrer to the evidence. The doctrine that a special agent, to bind his principal, must act within the scope of his employment, is well settled, and as all the evidence shows that defendant never gave any authority to Krauss to substitute Rumsey as driver of his team, there was a total failure of proof. Whitehead v. Railroad, 22 Mo. App. 68; Snyder v. Railroad, 60 Mo. 417; Sherman v. Railroad, 72…
1Opinion of the CourtPeers, J.
The amended petition alleges that the plaintiffs were husband and wife, and the parents of Thomas P. Mangan, aged three years and five months ; that, on the eleventh day of March, 1885, the defendants (originally John O’Leary and appellant Foley), by the servant and employe of each of them, were driving and operating a certain wagon and team of horses and mules on the public streets and highways of the city of St. Louis, and while so doing, the defendants and each of them did carelessly, negligently and recklessly cause said wagon to run over and against said Thomas P. Mangan, thereby then…
2Cases cited11 opinions
- Hexamer v. . WebbNew York Court of Appeals · 1886
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Farber v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
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3Cited by7 opinions
- Cooper v. LoweryCourt of Appeals of Georgia · 1908
- Blumenfeld v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1921
- Board of Trade Building Corp. v. CralleSupreme Court of Virginia · 1909
- Houck v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906
- Allen v. Quercus Lumber Co.Missouri Court of Appeals · 1915
2 more not listed; retrieve them via the Exa API.