Boden v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from. St. Louis City Circuit Court.- — Ho#. Jas. B. Kvnealy, Judge.' The court erred in overruling the demurrer to • plaintiff’s evidence-, and in refusing the peremptory instruction, asked at the close of all the evidence, to the second count of the petition. Jones v. Packet Co., 43 Mo. App. 398; Cameron v. Express Co., 48 Mo. App. 99; Hartman v. Mueklenbach, 64 Mo. App. 565; Todd v. Harlin, 72 Mo>. App. 565; Krueger v. Bailroad, 84 Mo.
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Appeal from. St. Louis City Circuit Court.- — Ho#. Jas. B. Kvnealy, Judge.' The court erred in overruling the demurrer to • plaintiff’s evidence-, and in refusing the peremptory instruction, asked at the close of all the evidence, to the second count of the petition. Jones v. Packet Co., 43 Mo. App. 398; Cameron v. Express Co., 48 Mo. App. 99; Hartman v. Mueklenbach, 64 Mo. App. 565; Todd v. Harlin, 72 Mo>. App. 565; Krueger v. Bailroad, 84 Mo. App. 366; Garretzen v. Duenckel, 50 Mo. 104; Snyder v. Bailroad, 60 Mo. 413; Cousins v. Bailroad, 66 Mo. 572; Sherman v. Bailroad, 72 Mo. 62; Jackson…
1Opinion of the CourtBland, P. J.
(after stating the facts). — The evidence, we think, shows that the conductor was averse to putting the plaintiff off the car by his own effort and sought out the police officer for the purpose of having him arrested and removed from the ear. If this is so, then he was acting in his capacity as conductor and called in the officer to do what he, as conductor, had a right to do, to-wit, eject plaintiff for refusing to pay fare. He was about his employer’s business and in putting plaintiff off the car was acting within the scope of his employment. But it is contended by the defend*700ant that in…
2Cases cited9 opinions
- Stubbs v. MulhollandSupreme Court of Missouri · 1902
- Boeger v. LangenbergSupreme Court of Missouri · 1888
- King v. RaleighMissouri Court of Appeals · 1903
- Ruth v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Randolph ex rel. Adkins v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1885
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3Cited by1 opinion
- Dreyfus v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1907