Eickhoff v. Sedalia, Warsaw & Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Pettis Circuit Court. — Eon. George F. Longan, Judge. (1) The court below erred in refusing to give defendant’s ninth instruction asked. The evidence leaves little room to doubt but that the relation of master and servant did not exist between plaintiff and her son at the time the injury occurred. In fact the son’s evidence shows clearly that such relation did not exist.
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Appeal from Pettis Circuit Court. — Eon. George F. Longan, Judge. (1) The court below erred in refusing to give defendant’s ninth instruction asked. The evidence leaves little room to doubt but that the relation of master and servant did not exist between plaintiff and her son at the time the injury occurred. In fact the son’s evidence shows clearly that such relation did not exist. And yet the court by refusing the defendant’s ninth instruction, refused to submit this question to the jury. This was error. Schmitz v. Railway, 46 Mo. App. 396; Mauerman v. Railway, 41 Mo. App. 348. The court…
1Opinion of the CourtBroaddus, J.
The plaintiff sues to recover for loss of services of her minor son, John Schumacher, who, it is alleged, was injured by the negligence of defendant while in its employ. There was a trial before a jury and verdict for the plaintiff.
Many interesting questions are raised by the respective counsel in the case. But as it is denied-, and we think properly, that any cause of action existed in the plaintiff, it will not be necessary to notice them.
The said John Schumacher was the son of plaintiff by a former husband, deceased, and the plaintiff bacame the wife of one Joseph Eickhoff, some eight…
2Cases cited2 opinions
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3Cited by11 opinions
- Buelke v. LevenstadtCalifornia Supreme Court · 1923
- Faber v. Industrial CommissionIllinois Supreme Court · 1933
- Dix ex rel. Younger v. MartinMissouri Court of Appeals · 1913
- Magnuson v. O'DeaWashington Supreme Court · 1913
- Rockwood v. RockwoodUtah Supreme Court · 1925
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