Mayberry v. Chicago, Rock Island & Pacific Railroad
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. G. D. Burgess, Judge. This was an action upon an account, the items of which were as follows: To boarding and taking care of and furnishing room to one-Fleming during injuries . . $25 00 To damage of beds and bed-clothing . . 20 00 To washing for said Fleming . . . ■ 4 50 To beer for said Fleming.....-50 To board of nurse for said Fleming . . . 3 50 Total........$58 50 At the trial the plaintiff introduced evidence tending to prove…
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Appeal from Grundy Circuit Court. — Hon. G. D. Burgess, Judge. This was an action upon an account, the items of which were as follows: To boarding and taking care of and furnishing room to one-Fleming during injuries . . $25 00 To damage of beds and bed-clothing . . 20 00 To washing for said Fleming . . . ■ 4 50 To beer for said Fleming.....-50 To board of nurse for said Fleming . . . 3 50 Total........$58 50 At the trial the plaintiff introduced evidence tending to prove that Fleming, while in the employ of defendant as a brakeman on one of its trains, received injuries from which he…
1Opinion of the CourtSherwood, C. J.
The evidence adduced had no tendency to show authority on the part of Dr. Webber to bind defendant to pay for the boarding and nursing of Fleming, or any other of the items in plaintiff’s account. He certainly had no special authority to that effect, and his general authority only extended to contracts for medicines and things of that nature. Therefore, judgment reversed and cause remanded.
All concur.
2Cited by13 opinions
- Terre Haute & Indianapolis Railroad v. McMurrayIndiana Supreme Court · 1884
- Louisville, Evansville & St. Louis Railway Co. v. McVayIndiana Supreme Court · 1884
- Diel v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1889
- Toledo, St. Louis & Kansas City Railroad v. MylottIndiana Court of Appeals · 1893
- St. Louis, Arkansas & Texas Railway Co. v. HooverSupreme Court of Arkansas · 1890
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