Walker v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Louisiana Cotirt of Common Pleas. — Hon. E. M. Hughes, Judge. (1) In order to render the master liable for the negligent act of his servant, the act of the servant must be done in the course of Ms employment. The master is never liable for the acts of the servant, which are not connected with the particular service he has employed the servant to perform.
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Appeal from Louisiana Cotirt of Common Pleas. — Hon. E. M. Hughes, Judge. (1) In order to render the master liable for the negligent act of his servant, the act of the servant must be done in the course of Ms employment. The master is never liable for the acts of the servant, which are not connected with the particular service he has employed the servant to perform. If the negligence occurred' while the servant was doing something inconsistent with his duty to his master, the master can not be held liable. The act must pertain to the duties which he was employed to perform. If the intention…
1Opinion of the Court
Buegess/ J.
Action to recover damages on account of personal injuries sustained by plaintiff by *580reason of the alleged negligence of the servant of defendant.
The evidence showed that the plaintiff was the general foreman in charge of the works of the Hannibal Lime Company, at Bear Creek, a small station on the line of defendant’s road, sis miles west of Hannibal; that the office of the Lim§ Company was in that city; that plaintiff had charge of all its business, including the shipment of lime from Bear Creek, and had been such foreman for five or more years previous to the injury; that he was…
2Cases cited9 opinions
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Edwards v. ThomasSupreme Court of Missouri · 1877
4 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Guthrie v. HolmesSupreme Court of Missouri · 1917
- Oganaso v. MellowSupreme Court of Missouri · 1947
- Appalachian Power Co. v. RobertsonSupreme Court of Virginia · 1925
- Evans v. Dyke Automobile Co.Missouri Court of Appeals · 1906
- St. Louis Southwestern Ry. Co. v. HarveyCourt of Appeals for the Eighth Circuit · 1906
18 more not listed; retrieve them via the Exa API.