Glassman v. Harry
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. (1) Defendant was not liable unless the chauffeur Marsalis was acting in the line of his employment at the time of the accident. Dailey v. Maxwell, 152 Mo. App. 415 ; Long v. Nute, 123 Mo. App. 204; Evans v. Dike Automobile Company, 121 Mo. App. 266. (2) By the undisputed evidence the chauffeur was not acting within the sphere of his duty,” he was not acting in defendant’s behalf.
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Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. (1) Defendant was not liable unless the chauffeur Marsalis was acting in the line of his employment at the time of the accident. Dailey v. Maxwell, 152 Mo. App. 415 ; Long v. Nute, 123 Mo. App. 204; Evans v. Dike Automobile Company, 121 Mo. App. 266. (2) By the undisputed evidence the chauffeur was not acting within the sphere of his duty,” he was not acting in defendant’s behalf. Mockowik v. Railroad, 196 Mo. 550; Sowders v. Railroad, 127 Mo. App. 119; Daily v. Maxwell, 152 Mo. App. 427, 430; Cogan v. Railroad, 101 Mo. App.…
1Opinion of the CourtTrimble, J.
This is an action for damages by the widow of Isadore Classman, deceased, for the negligent killing of her husband. Somewhere near 11 o’clock at night on October 14, 1910', he was struck and killed by defendant’s automobile while the same was being driven by defendant’s chauffeur along Mc-Cee street between Nineteenth and Twentieth streets.
The only issue in the case is whether the chauffeur was in the line of his employment or acting within the scope of his service to defendant at the time of the injury. Defendant demurred to the evidence, but this was overruled and the case submitted to the…
2Cases cited8 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Daily v. MaxwellMissouri Court of Appeals · 1911
- Bragg v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Morton v. HeidornSupreme Court of Missouri · 1896
- Long v. NuteMissouri Court of Appeals · 1907
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3Cited by18 opinions
- Halverson v. BlosserSupreme Court of Kansas · 1917
- In Re Newell's Estate &8212 Newell v. BradleyUtah Supreme Court · 1931
- State Ex Rel. Debelius v. C. J. Benson & Co.Court of Appeals of Maryland · 1917
- Mullen & Haynes Co. v. CrispCourt of Appeals of Kentucky · 1925
- Wilson v. Quick-Tire ServiceCourt of Appeals of Georgia · 1924
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