Kilroy v. Charles L. Crane Agency Co.
Missouri Court of Appeals
Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas L. Anderson, Judge. (1) The owner of an automobile who is not present at the time of an accident is not liable for damages caused by its alleged negligent operation by his employee unless, at the time, the employee is engaged in the performance of some duty pertaining to his employment and is acting within the scope of his employment. Slater v. Thresher Co., 107 N. W. 133, 5 L. R. A. (N. S.) 598; Lotz y.
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Appeal from the Circuit Court of the City of St. Louis. —Hon. Thomas L. Anderson, Judge. (1) The owner of an automobile who is not present at the time of an accident is not liable for damages caused by its alleged negligent operation by his employee unless, at the time, the employee is engaged in the performance of some duty pertaining to his employment and is acting within the scope of his employment. Slater v. Thresher Co., 107 N. W. 133, 5 L. R. A. (N. S.) 598; Lotz y. Hanlon, 66 Atl. 525, 10 L. R. A. (N. S.) 202; Danforth v. Fisher, 75 N. H. Ill, 71 Atl. 535, 21 L. R. A. (N. S.) 93;…
1Opinion of the Court
At about 10 o'clock on the night of August 18, 1913, Martin Kilroy, a mounted police officer of the City of St. Louis, while crossing what is known as the Kingshighway Viaduct a public through-fare in said city, was run into by an automobile owned by the defendant and operated by its employee Paul J. McNamara. The horse was struck by the motor car coming upon it from the rear, which caused it to be thrown forward and Kilroy was on account thereof hurled from his saddle to the pavement and was so severely injured that as a result thereof he died the following day.
The plaintiff is the widow of…
2Cases cited3 opinions
- Guthrie v. HolmesSupreme Court of Missouri · 1917
- Whimster v. HolmesMissouri Court of Appeals · 1914
- Glassman v. HarryMissouri Court of Appeals · 1914
3Cited by4 opinions
- Hunter v. First State Bank of MorriltonSupreme Court of Arkansas · 1930
- Rockwell v. Standard Stamping Co.Missouri Court of Appeals · 1922
- F. C. Church Shoe Co. v. TurnerMissouri Court of Appeals · 1926
- Ursch v. HeierMissouri Court of Appeals · 1922