Compher v. Missouri & Kansas Telephone Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Hon. Thos J. Bee-horn, Judge. (1) The master is not liable for tbe wilful trespass or assault of the servant unless tbe master directs it (2) The exception to this rule is to tbe effect that tbe master may be held if tbe act falls within the scope of the servant’s employment. But tbe act of tbe servant must not only be done when tbe servant is employed about tbe business, but it must pertain to the duties of tbe employment.
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Appeal from Jackson Circuit Court.—Hon. Thos J. Bee-horn, Judge. (1) The master is not liable for tbe wilful trespass or assault of the servant unless tbe master directs it (2) The exception to this rule is to tbe effect that tbe master may be held if tbe act falls within the scope of the servant’s employment. But tbe act of tbe servant must not only be done when tbe servant is employed about tbe business, but it must pertain to the duties of tbe employment. (3) No authority can be implied on tbe part of tbe superior servant or vice-principal which tbe master himself does not possess. Jones…
1Opinion of the CourtJohnson, J.
Action to recover damages for personal injuries alleged to have been negligently inflicted by defendant. Tbe verdict and judgment were for plaintiff and defendant appealed. Tbe only ground relied on for a reversal of tbe judgment is that the *555learned trial judge erred in refusing defendant’s request for a peremptory instruction to the jury to return a verdict in its favor. In disposing of the questions of law presented under this contention, we will accept as proved the facts adduced in evidence most favorable to the cause of action asserted.
At the time of the injury, July 21, 1902, plaintiff,…
2Cases cited13 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Rounds v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1876
- Golden v. NewbrandSupreme Court of Iowa · 1879
- Evansville & Crawfordsville Railroad v. BaumIndiana Supreme Court · 1866
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3Cited by4 opinions
- Epstein v. Pennsylvania RailroadSupreme Court of Missouri · 1913
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
- Fellhauer v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1915
- La Bella v. Southwestern Bell Telephone Co.Missouri Court of Appeals · 1930