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eBook details

• Title: Ada Usrey v. Dr. Pepper Bottling Company
• Author : Springfield District Missouri Court of Appeals
• Release Date : January 23, 1964
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 66 KB

Description

Ada Usrey obtained a jury verdict for $12,500. Thereafter the trial court entered judgment for the defendant Dr. Pepper Bottling
Company in accordance with its motion for directed verdict. Mrs. Usrey has appealed. On Sunday, April 1, 1962, Ida Mae Howell
was driving an automobile belonging to her husband Charles Howell. She collided with the Usrey automobile and Homer Usrey
was killed. The sole question is whether or not, at the time of the collision, Ida Mae Howell was the servant, agent, and
employee of Dr. Pepper Bottling Company so that the doctrine of respondeat superior applies. Dr. Pepper had a bottling plant at Poplar Bluff and a warehouse at Sikeston, which is on Highway 60 approximately east of
Poplar Bluff. Charles Howell lived in Poplar Bluff and had been working for Dr. Pepper since the previous November. He described
his duties as "truck driver and maintenance." He had no authority to hire or fire. One Crossfield was the principal owner
and manager. His wife, Ruby Crossfield, worked in the office. Ida Mae Howell (wife of Charles) did not work at the plant,
apparently had never been there, and the Crossfields were not acquainted with her. On Saturday arrangements were made for
Howell to take a truck load of beverage on the following day from the plant to the warehouse at Sikeston and leave it for
use by the "routeman." Crossfield had made arrangements with Mrs. Crossfield to drive over to Sikeston and bring Howell back
after he delivered the truck. While Howell was loading the truck, Crossfield called Mrs. Crossfield and told her to come to
the office preparatory to going after Howell at Sikeston in order to return him to Poplar Bluff. Then Howell volunteered the
information that his (Howell's) wife, Ida Mae, was going to pick him (Howell) up at Sikeston and take him to New Madrid and
(also) to visit his folks. Mrs. Crossfield came to the plant. Then, quoting from Howell's examination:

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