Siegrist v. Arnot
Missouri Court of Appeals
Appeal from tbe St. Louis Circuit Court, Boyle, J. The negligence of the servant renders the master liable, where the servant acts within the scope of his employment.— Garretzen v. Huenckel, 50 Mo. 104; Winters v. Railroad Go., 41 Mo. 504; Higgins v. Water Go., 46 N. Y. 23 ; Wilton v. Middlesex, 107 Mass. 107. “ The duty to carry safely one who is received for carriage is a public duty, and the payment of fare is not necessary to create it,” and this whether the carrier be…
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Appeal from tbe St. Louis Circuit Court, Boyle, J. The negligence of the servant renders the master liable, where the servant acts within the scope of his employment.— Garretzen v. Huenckel, 50 Mo. 104; Winters v. Railroad Go., 41 Mo. 504; Higgins v. Water Go., 46 N. Y. 23 ; Wilton v. Middlesex, 107 Mass. 107. “ The duty to carry safely one who is received for carriage is a public duty, and the payment of fare is not necessary to create it,” and this whether the carrier be public or private. — Jacobus v. Railroad Go., 20 Minn. 125 ; Steamboat v. King,, 16 How. (U. S.) 474. One who creates a…
1Opinion of the CourtThompson, J.
This is an action for damages for injuries to the plaintiff, *199Mrs. Siegrist, alleged to have been caused by the negligence of a servant of the defendant. The defendant is a livery-stable keeper in St. Louis. The plaintiff was greatly injured by being thrown from a carriage belonging to the defendant and driven by his servant, under the following circumstances : —Mrs. Garneau, assisted by Miss Hopkins, got up an entertainment, consisting of tableaux, at the Mercantile Library Hall, in St. Louis, for a charitable purpose. The. defendant, at the request of Mrs. Garneau, donated several]…
2Cases cited21 opinions
- Stokes v. SaltonstallSupreme Court of the United States · 1839
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Toledo, Wabash & Western Railway Co. v. BeggsIllinois Supreme Court · 1877
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3Cited by16 opinions
- O'Shea v. LavoyWisconsin Supreme Court · 1921
- Standifer v. PateSupreme Court of Alabama · 1973
- Roy v. KirnMichigan Supreme Court · 1919
- Avery v. ThompsonSupreme Judicial Court of Maine · 1918
- Hainlin v. BudgeSupreme Court of Florida · 1908
11 more not listed; retrieve them via the Exa API.