Mullich v. Brocker
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The demurrer to the evidence should have been overruled. (a) The evidence of plaintiff’s witnesses showed conclusively that young Schoenborn was a mere servant of the defendant, and not an independent contractor. O’Neill v. Blase, 94 Mo. App. 648, 68 S. W. 764; Waters v. Fuel Co., 52 Minn. 474, 38 Am.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. The demurrer to the evidence should have been overruled. (a) The evidence of plaintiff’s witnesses showed conclusively that young Schoenborn was a mere servant of the defendant, and not an independent contractor. O’Neill v. Blase, 94 Mo. App. 648, 68 S. W. 764; Waters v. Fuel Co., 52 Minn. 474, 38 Am. St. Rep. 564; Holmes v. Railway, 49 La, Ann. 1465; Sadler v. Henlock, 4 El. and Bl. 570; Morgan v. Bowman, 22 Mo. 549. (b) Even if it could be said that the boy in question was an independent contractor, the defendant is…
1Opinion of the CourtGoode, J.
This case originated before a justice of the peace, was appealed to the circuit court and there went off on a demurrer to the evidence introduced by the plaintiff. The purpose of the action was to obtain damages for an injury to two horses belonging to plaintiff, which injury is alleged to have been due to defendant’s negligence. One. of the horses was killed in the accident and the other one hurt. It appears that while a servant of the plaintiff was driving a two-horse team along one of the principal streets of St. Louis, a horse belonging to the defendant, hitched to a two-wheeled gig or…
2Cases cited9 opinions
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Fink v. Missouri Furnace Co.Supreme Court of Missouri · 1884
- Brannock v. ElmoreSupreme Court of Missouri · 1893
- Gayle v. Missouri Car & Foundry Co.Supreme Court of Missouri · 1903
- Morgan v. BowmanSupreme Court of Missouri · 1856
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Salmon v. Kansas CitySupreme Court of Missouri · 1912
- Grace v. MagruderCourt of Appeals for the D.C. Circuit · 1945
- Hampton v. McCordCourt of Appeals of Georgia · 1977
- Baker v. Scott County Milling Co.Supreme Court of Missouri · 1929
- Bailey's Bakery v. Tax CommissionerHawaii Supreme Court · 1948
6 more not listed; retrieve them via the Exa API.