McCready v. Stepp

CourtCourt of Appeal of Missouri (US)
Writing for the CourtReyburn
Citation104 Mo. App. 340,78 S.W. 671
Decision Date02 February 1903
PartiesMcCREADY v. STEPP.
78 S.W. 671
104 Mo. App. 340
McCREADY
v.
STEPP.
Court of Appeals at St. Louis, Missouri.
February 2, 1903.

MASTER AND SERVANT—INJURIES TO SERVANT —VICIOUS ANIMALS—KNOWLEDGE—EVIDENCE —QUESTION FOR JURY.

1. Where defendant employed plaintiff to deliver groceries with a horse and wagon, defendant was liable for injuries to plaintiff caused by the viciousness of the horse furnished for plaintiff's use in such work, of which defendant had knowledge, or by the exercise of proper care and diligence he might have known.

2. In an action for injuries to a servant by the viciousness of a horse furnished him for use by the master, evidence as to the master's knowledge of the viciousness of the horse prior to the accident held to authorize a submission of such issue to the jury.

Appeal from Circuit Court, Greene County; J. T. Neville, Judge.

Action by Harry H. M. McCready against L. F. Stepp. From a judgment in favor of plaintiff, defendant appeals. Affirmed.

Geo. Pepperdine and Hamlin & Mason, for appellant. A. H. Wear and J. T. White, for respondent.

REYBURN, J.


From judgment rendered upon a majority verdict of a jury in favor of plaintiff, defendant has appealed. The petition for plaintiff's cause of action embraced averments that defendant, a retail grocer in Springfield, had in use a one-horse wagon for delivery of goods sold to his customers, and about August 13, 1902, while in defendant's employ, and about the duties of such employment, defendant wrongfully ordered plaintiff, a minor, to deliver groceries and run such wagon, having at the time hitched thereto a horse wild, vicious, dangerous, and unsafe to use for such purposes, and which wagon was therefore unsafe; that plaintiff was ordered and required by defendant to go in and run such wagon with such horse, and deliver goods; that while in performance of his duty in running and riding in such wagon for purpose of delivering goods therefrom, under the order of defendant, the horse became unmanageable and ran away, breaking plaintiff's leg in two places, and plaintiff had received such hurts by reason of the negligence of defendant in requiring him, a boy of 14 years, to run such wagon and deliver goods with such dangerous horse thereto attached; that the character of the horse was bad, and he was a wild and dangerous animal, liable to run away and kick, and its character was known to defendant at time he required plaintiff to go in the wagon; that plaintiff was ignorant of the character of the horse, and inexperienced, as a boy of such age usually is, in management of horses; and the injuries sustained were then detailed, and judgment for damages prayed. Defendant answered in a general denial. The facts disclosed at the trial, in effect, were that plaintiff had been in employ of defendant for several months, with duties of assisting in the grocery store and delivering goods to customers, for which defendant made use of two wagons, with two drivers, plaintiff accompanying the driver of a wagon to assist in delivering groceries; that on August 13, 1902, plaintiff was ordered to go with Beltz, who was driving one of the wagons, and, while making deliveries, the horse suddenly became unmanageable, kicked, and ran off. It appeared that one of defendant's horses commonly driven in one of the wagons had become ill, and the horse causing the mischief had been offered for sale to defendant the day preceding the accident, and had been left with him on trial. On the day after its delivery to defendant, the horse was hitched up in one of the wagons, and had been driven by Beltz for two delivery trips, and the third had started when the occurrence took place.

A general charge of error is made against the action of the trial court in giving and refusing instructions; but no specific error is assigned, and the single, comprehensive instruction given, presented and embraced the various features of the case, fairly submitted the issues to the jury, if the evidence warranted such submission, which will be later considered, and is unobjectionable. The controlling element of the case involves the proposition whether, under the evidence, the case should have been permitted to go to the jury, or whether the instruction directing a verdict for defendant should have been given, either at close of plaintiff's case, or at termination of all the evidence, at both of which stages it was requested and declined. It was the duty of Stepp, as master, to furnish for the use...

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13 practice notes
  • Alexander v. Crochett, No. 19322.
    • United States
    • Court of Appeal of Missouri (US)
    • January 30, 1939
    ...v. Bondurant, 59 S.W. (2d) 679; Gallagher v. Kroger Gro. & Baking Co., 272 S.W. 1005; 3 C.J., p. 96, par. 327; McCready v. Stepp, 78 S.W. 671, l.c. 673; Orcutt v. Century Bldg. Company, 99 S.W. 1062. (2) There is no merit in appellant's claim that it is a matter of common knowledge that bul......
  • Jackson Hill Coal Company v. Van Hentenryck, 9,617
    • United States
    • Indiana Court of Appeals of Indiana
    • October 29, 1918
    ...138, 122 S.W. 113, 114, 19 Ann. Cas. 861; Wilson v. Sioux, etc., Min. Co. (1898), 16 Utah 392, 52 P. 626, 627; McCready v. Stepp (1904), 104 Mo.App. 340, 78 S.W. 671; McGarry v. New York, etc., R. Co. (1892), 60 N.Y. Super. Ct. 367, 18 N.Y.S. 195; Berenson v. Butcher (1911), 209 Mass. 208, ......
  • State v. Daues, No. 27457.
    • United States
    • Missouri Supreme Court
    • December 31, 1926
    ...furnish a servant with reasonably safe instruments and appliances this embraces animate as well as inanimate things. McCready v. Stepp, 104 Mo. App. 340, 78 S. W. 671; Stutzke v. Ice & Fuel Co., 156 Mo. App. 1, 136 S. W. "Now, to determine the extent and effect of this evidence we must look......
  • Smith v. Potlatch Lumber Co.
    • United States
    • United States State Supreme Court of Idaho
    • December 5, 1912
    ...Cas. 861; Weigand v. Atlantic Refining Co., 189 Pa. 248, 42 A. 132; O'Connell v. Mooney, 32 Misc. 641, 66 N.Y.S. 486; McCready v. Stepp, 104 Mo.App. 340, 78 S.W. 671; McGovern v. Fitzpatrick, 148 A.D. 34, 131 N.Y.S. 1048; Finney v. Curtis, 78 Cal. 498, 21 P. 120.) T. B. West and Wm. E. Lee,......
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13 cases
  • Alexander v. Crochett, No. 19322.
    • United States
    • Court of Appeal of Missouri (US)
    • January 30, 1939
    ...v. Bondurant, 59 S.W. (2d) 679; Gallagher v. Kroger Gro. & Baking Co., 272 S.W. 1005; 3 C.J., p. 96, par. 327; McCready v. Stepp, 78 S.W. 671, l.c. 673; Orcutt v. Century Bldg. Company, 99 S.W. 1062. (2) There is no merit in appellant's claim that it is a matter of common knowledge that bul......
  • Jackson Hill Coal Company v. Van Hentenryck, 9,617
    • United States
    • Indiana Court of Appeals of Indiana
    • October 29, 1918
    ...138, 122 S.W. 113, 114, 19 Ann. Cas. 861; Wilson v. Sioux, etc., Min. Co. (1898), 16 Utah 392, 52 P. 626, 627; McCready v. Stepp (1904), 104 Mo.App. 340, 78 S.W. 671; McGarry v. New York, etc., R. Co. (1892), 60 N.Y. Super. Ct. 367, 18 N.Y.S. 195; Berenson v. Butcher (1911), 209 Mass. 208, ......
  • State v. Daues, No. 27457.
    • United States
    • Missouri Supreme Court
    • December 31, 1926
    ...furnish a servant with reasonably safe instruments and appliances this embraces animate as well as inanimate things. McCready v. Stepp, 104 Mo. App. 340, 78 S. W. 671; Stutzke v. Ice & Fuel Co., 156 Mo. App. 1, 136 S. W. "Now, to determine the extent and effect of this evidence we must look......
  • Smith v. Potlatch Lumber Co.
    • United States
    • United States State Supreme Court of Idaho
    • December 5, 1912
    ...Cas. 861; Weigand v. Atlantic Refining Co., 189 Pa. 248, 42 A. 132; O'Connell v. Mooney, 32 Misc. 641, 66 N.Y.S. 486; McCready v. Stepp, 104 Mo.App. 340, 78 S.W. 671; McGovern v. Fitzpatrick, 148 A.D. 34, 131 N.Y.S. 1048; Finney v. Curtis, 78 Cal. 498, 21 P. 120.) T. B. West and Wm. E. Lee,......
  • Request a trial to view additional results

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