Reports of Cases Determined By the Supreme Court of the State of ..., volume 266
Reports of Cases Determined By the Supreme Court of the State of ..., volume 266
Missouri. Supreme Court
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711 ; Bowen v. Railroad, 136 Fed. 306, 70 L. R. A. 915 ; Milton v. Railroad, 193 Mo. 58. (7) The wrong perpetrated must be shown to pertain to the particular duty of the servant to make the mas- ter Uable. Farber v. Railroad, 116 Mo. 94. (8) The act of shooting under the allegations of the petition cannot *' fairly be regarded as a natural incident to, a* direct outgrowth of, a natural ingredient in the exe- cution of the service which the master confided to the servant" in the case at bar. Mec...hem on Agency (2 Ed.), sec. 1962. (9) From appellant's second point it appears that by the second count and by the ad- ditional matter contained in the second count appel- lant now asserts he charged defendant with negligence in employing the agent and keeping him in charge of its oflBce. If this be true, asserting negligence and in- tentional wrong in the second count renders it a felo de se. If the act was careless or negligent, it was not wilful, and vice versa. Raming v. Metropolitan Street Railway Co., 157 Mo.
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