Grattan v. Suedmeyer
Missouri Court of Appeals
Appeal from Butler Circuit Court. — Hon Jesse A. McDonald, Judge. (1) The court erred in refusing to submit the question of liability on the part of William Suedmeyer, Sr.,and William Suedmeyer, Jr., to the jury. Canfield v. Railroad, 59 Mo. App. 854; Carrigan v. Duenckel, 50 Mo. 104; Perkins v. Railroad, 55 Mo. 201; Eckert v. Transfer Co., 2 Mo. App. 36; Heahl v. Railroad, 119 Mo. 325; Collette v. Rebori, 107 Mo.
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Appeal from Butler Circuit Court. — Hon Jesse A. McDonald, Judge. (1) The court erred in refusing to submit the question of liability on the part of William Suedmeyer, Sr.,and William Suedmeyer, Jr., to the jury. Canfield v. Railroad, 59 Mo. App. 854; Carrigan v. Duenckel, 50 Mo. 104; Perkins v. Railroad, 55 Mo. 201; Eckert v. Transfer Co., 2 Mo. App. 36; Heahl v. Railroad, 119 Mo. 325; Collette v. Rebori, 107 Mo. App. 7Í1; Greer v. Bank, 128 Mo. 559. (2) The court erred in refusing to permit plaintiff to take an involuntary nonsuit. This should be allowed at any time before final submission…
1Opinion of the CourtCox, J.
The plaintiff assigns as error the action of the court in directing a verdict in favor of defendants William Suedmeyer, Sr., and William, Jr., and in refusing plaintiff permission to take a nonsuit.
The striking of plaintiff was by iDmil Suedmeyer and the theory upon which plaintiff seeks to hold the other defendants responsible therefor is that he was at the time their servant; William, Sr., being the employer and William, Jr., being at the time the foreman in charge of the work.
If the servant, in performing the work of the master, injures a person, either through malice or negligence, the…
2Cases cited13 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
- Collette v. ReboriMissouri Court of Appeals · 1904
8 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State Ex Rel. Gosselin v. TrimbleSupreme Court of Missouri · 1931
- Jennings v. DavisDistrict Court, W.D. Missouri · 1972
- Simmons v. MurrayMissouri Court of Appeals · 1921
- Honeycutt v. Wabash Railroad CompanyMissouri Court of Appeals · 1958
- Jackson v. Farmers Union Livestock CommissionMissouri Court of Appeals · 1944
6 more not listed; retrieve them via the Exa API.