Shelby v. Metropolitan Street Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. John (J. Parle,, Judge. (1) There was a failure of proof that the motorman committing the assault was acting within the scope of his employment. ■ Parber y. Railroad, 32 Mo. App. 381; McPeak y. Railroad, 128 Mo. 636, and cases cited; Jones v. Packet Co., 43 Mo. App. 410. (2) The court erred in overruling defendant’s application for a continuance.
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Appeal from Jackson Circuit Court. — Eon. John (J. Parle,, Judge. (1) There was a failure of proof that the motorman committing the assault was acting within the scope of his employment. ■ Parber y. Railroad, 32 Mo. App. 381; McPeak y. Railroad, 128 Mo. 636, and cases cited; Jones v. Packet Co., 43 Mo. App. 410. (2) The court erred in overruling defendant’s application for a continuance. R. S. 1899, secs. 685, 687; M'cLane v. Harris, 1 Mo. 700; Moore & Porter v. McCullough, 6 Mo. 444; State v. Maddox, 117 Mo. 681; Laun y. Ponath, 105 Mo. App. 203; Nichols' y. Groe. Co., 66 Mo. App. 321. (1)…
1Opinion of the CourtBroaddus, P. J.
This is an action to recover damages for an assault upon the person of the plaintiff by defendant’s motorman.
On August 27, 1907, al about six o’clock in the evening the plaintiff accompanied by his son Ben and brother, John Shelby, boarded one of defendant’s cars going in a northeasterly direction on Southwest Boulevard, Kansas City, Missouri, intending to transfer at Nineteenth street to a Vine street car going east.
Plaintiff’s evidence is to the effect, that the car was crowded and that John and Ben worked their way toward the front, while plaintiff stood in the rear end. John paid or…
2Cases cited5 opinions
- Buckley v. KnappSupreme Court of Missouri · 1871
- McPeak v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Farber v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Charles v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1907
- McQuerry v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1906
3Cited by4 opinions
- Oganaso v. MellowSupreme Court of Missouri · 1947
- Marks v. Alaska Steamship Co.Washington Supreme Court · 1912
- Bledsoe v. WestMissouri Court of Appeals · 1914
- Morey v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1911