Kelly v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Wm. B. Teasdale, Judge. (1) Upon this testimony it must be conceded, first, that attorney Cheatham was authorized to make a settlement for plaintiff and that defendant was so notified; and, second, that if there was any restriction upon Mr. Cheatham’s authority, defendant and its agent had no notice thereof.
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Appeal from Jackson Circuit Court. — No». Wm. B. Teasdale, Judge. (1) Upon this testimony it must be conceded, first, that attorney Cheatham was authorized to make a settlement for plaintiff and that defendant was so notified; and, second, that if there was any restriction upon Mr. Cheatham’s authority, defendant and its agent had no notice thereof. Plaintiff is, therefore, bound by the apparent authority vested in his agent and cannot escape the effect of his agent’s act on account of secret restrictions, if any, placed upon his authority. Weeks on Attorneys, sec. 216; Mechem on Agency, sec.…
1Opinion of the CourtBroaddus, P. J.
— The plaintiff sues to recover damages as the result of an injury alleged to have been sustained in consequence of the neligence of the defendant as a carrier of passengers.
On the 21st day of June, 1901, plaintiff became a passenger on defendant’s railroad at Odessa, Missouri, his destination being Kansas City. While en route and near the city of Independence the boiler or engine exploded which had the effect of injuring many of the passengers, including the plaintiff. The allegation of neg*470ligence in the petition is as follows: “And that by reason of the old, worn and defective condition of…
2Cases cited10 opinions
- Mullen v. . St. JohnNew York Court of Appeals · 1874
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Illinois Central Railroad v. PhillipsIllinois Supreme Court · 1868
- Johnson v. HurleySupreme Court of Missouri · 1893
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3Cited by5 opinions
- Hamilton v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1907
- Reynolds v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1905
- Miller v. Dallas Consolidated Street Railway Co.Texas Supreme Court · 1911
- Schultz v. JonesMissouri Court of Appeals · 1928
- Ferguson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907