Maniaci v. Interurban Express Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) Tlie master is liable even for the wanton and malicious acts of the servant if done in the scope of his employment. 2 Mechem on Agency (2 Ed.), 1522; Richberger v. Express Co., 73 Miss. 161, 31 L. R. A. 390- 6 LaBatt’s Master & Servant (2 Ed.), sec. 2239'a; Chicago Ry. Co. v. McMahon, 103 111. 485; Haehl v. Railroad, 119 Mo. 325; Bouillon v. Gas Light Co., 148 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Daniel D. Fisher, Judge. (1) Tlie master is liable even for the wanton and malicious acts of the servant if done in the scope of his employment. 2 Mechem on Agency (2 Ed.), 1522; Richberger v. Express Co., 73 Miss. 161, 31 L. R. A. 390- 6 LaBatt’s Master & Servant (2 Ed.), sec. 2239'a; Chicago Ry. Co. v. McMahon, 103 111. 485; Haehl v. Railroad, 119 Mo. 325; Bouillon v. Gas Light Co., 148 Mo. App. 462; Express Co. v. Sobel, 125 S. W. (Tex.) 925; Railroad v. Hack, 66 111. 238; Amusement Co. v. Martin, 62 So. (Ala.) 404; Bergman v. Hendrickson,…
1Opinion of the Court
RAILEY, C.
This action was commenced in the circuit court of the city of St. Louis on March 16, 1912; and afterwards on the 18th day of October, 1912, and *637during the October term of said court, an amended petition in two counts was filed in said cause, -which,
without caption and signatures, reads as follows:
“Plaintiff states that defendant is and was at all times hereinafter mentioned a corporation duly incorporated under the laws of the State of Illinois and doing business in the State of Missouri; that on and about the first day of February, 1911, defendant was engaged in and carrying on an…
2Cases cited21 opinions
- Lake Shore & Michigan Southern Railway Co. v. PrenticeSupreme Court of the United States · 1893
- Denver & Rio Grande Railway v. HarrisSupreme Court of the United States · 1887
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Garretzen v. DuenckelSupreme Court of Missouri · 1872
- Clark v. . DillonNew York Court of Appeals · 1884
16 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Davis v. MerrillSupreme Court of Virginia · 1922
- Maryland Casualty Co. v. HugerMissouri Court of Appeals · 1987
- State Ex Rel. Gosselin v. TrimbleSupreme Court of Missouri · 1931
- O'Dell v. Lost Trail, Inc.Supreme Court of Missouri · 1936
- Smothers v. Welch & Co. House Furnishing Co.Supreme Court of Missouri · 1925
22 more not listed; retrieve them via the Exa API.