Sandifer v. Lynn
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. C. O.. Tiohenor, Special Judge. - The court erred: (1) In overruling defendant’s demurrer to evidence of plaintiff, which affirmatively proved that W. E. Clausen was not employed or controlled by defendant.
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Appeal from the Jackson Circuit Court. — Hon. C. O.. Tiohenor, Special Judge. - The court erred: (1) In overruling defendant’s demurrer to evidence of plaintiff, which affirmatively proved that W. E. Clausen was not employed or controlled by defendant. Shearman & Redfield on Negligence, sec. 73; Cooley on Torts, 532; Bishop on Non-Contract Law, sec. 599; 1 Parsons on Contracts [3 Ed.] pp. 87, 88; The Law of Negligence (Deering), sec. 218; Wood on Master & Servant, sec. 281. And which, affirmatively, by plaintiff’s own mouth, showed plaintiff casting himself under the horses’ feet. Wharton on…
1Opinion of the CourtEllison, J.
This case is for damages arising from personal injuries sustained by the plaintiff and caused by being run over by one of defendant’s carriages. The judgment below' was for plaintiff, and defendant has brought the case here.
The team was being driven by a hack driver, and one of the principal questions in the case is, was he defendant’s servant*? There are also two other questions discussed by the respective counsel, viz., negligence of the hack driver, and contributory negligence of the plaintiff. The accident happened, substantially, in this way: Plaintiff was riding on an open “gripcar” of…
2Cases cited9 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- De Forrest v. WrightMichigan Supreme Court · 1852
- Fink v. Missouri Furnace Co.Supreme Court of Missouri · 1884
- Bergman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
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3Cited by5 opinions
- Pillet v. ErshickSupreme Court of Florida · 1930
- Chastain v. WintonSupreme Court of Missouri · 1941
- Semper v. the American PressMissouri Court of Appeals · 1925
- Fitzgerald v. CardwellMissouri Court of Appeals · 1921
- Steube v. Christopher & Simpson Architectural Iron & Foundry Co.Missouri Court of Appeals · 1900