# Phillips v. Western Union Telegraph Co.

> Supreme Court of Missouri · May 22, 1917 · 270 Mo. 676

URL: https://www.frixlaw.com/law-library/cases/8019564

## Case

- **Full name:** LEONORA M. PHILLIPS v. WESTERN UNION TELEGRAPH COMPANY, and SAMUEL KENZELL, a minor
- **Court:** Supreme Court of Missouri
- **Decided:** May 22, 1917
- **Citations:** 270 Mo. 676; 195 S.W. 711; 1917 Mo. LEXIS 54
- **Precedential status:** Published
- **Opinion:** Dissent by Woodson
- **Judges:** Brown, Railey, Who, Woodson
- **Cited by:** 11 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8019564

## Opinion text

WOODSON, J.
(dissenting)-. — I dissent from the majority opinion for the reason that the same rule of law applies to the facts of this case as if the injury had been inflicted by an automobile instead of being caused by the messenger’s body negligently coining in physical contact with the plaintiff. The messenger was performing the master’s business at the time he injured the plaintiff, and had it not been for that fact he would not have been pursuing the journey which resulted in the injury, and the mere fact that he sidestepped a few feet to gratify some personal desire does not change the rule. In that case, as in this, he would have been about the master’s business and the negligence in the one is identical with that in the other; the authorities cited abundantly so hold.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8019564. Public record. Not legal advice.