Steinhauser v. Spraul
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cotirt — Hon. James E. Withrow, Judge. ■ (1) The court erred iu excluding testimony of the witness Anna Steinhauser. (2) The court erred in refusing'to permit plaintiff to file the amended petition. Weber v. Railroad, 83 Mo. 262; Carrv. Moss, 87 Mo. 447; Blair v. Railroad, 89 Mo. 383; McMurry v. Martin, 26 Mo. App. 437. (3) The court erred in excluding testimony of the witness Michael Steinhauser and also of Susan Goetz.
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Appeal from St. Louis City Circuit Cotirt — Hon. James E. Withrow, Judge. ■ (1) The court erred iu excluding testimony of the witness Anna Steinhauser. (2) The court erred in refusing'to permit plaintiff to file the amended petition. Weber v. Railroad, 83 Mo. 262; Carrv. Moss, 87 Mo. 447; Blair v. Railroad, 89 Mo. 383; McMurry v. Martin, 26 Mo. App. 437. (3) The court erred in excluding testimony of the witness Michael Steinhauser and also of Susan Goetz. (4) The court erred in giving an instruction of nonsuit at the close of plaintiff’s case. The fact, if true, that defendant was acting as…
1Opinion
on rehearing.
Burgess, J.
It is urged that the court overlooked a question decisive of the case, in this, that the court overlooked the proposition of law raised by defendant’s demurrer to the evidence, and did not consider the question of whether the act alleged to be tortious was a misfeasance for which a servant, which the petition alleges defendant was, could be held to answer in damages.
*559In the ease of Osborne v. Morgan, 137 Mass. 1, the facts were that the general superintendent of a manufacturing corporation whose works covered several acres of ground, and in whose employ there were a…
2Cases cited6 opinions
- Harriman v. StoweSupreme Court of Missouri · 1874
- Rogers v. OvertonIndiana Supreme Court · 1882
- Griffiths v. WolframSupreme Court of Minnesota · 1875
- Hinds v. HarbouIndiana Supreme Court · 1877
- Osborne v. MorganMassachusetts Supreme Judicial Court · 1884
1 more not listed; retrieve them via the Exa API.