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Keywords

tortnegligenceappealtrustwillsustained

tortplaintiffdefendantnegligenceliabilitytrustwillsustained

Related Cases

Birdsong v. Jones, 222 Mo.App. 768, 8 S.W.2d 98

Facts

Leonard Birdsong was employed as a carrier boy at The Kansas City Star when he sustained severe injuries due to an unguarded elevator. The injuries occurred while he was performing his duties under the direction of the trustees of the estate of William R. Nelson, who had created a trust estate that included the management of the newspaper. The trustees were responsible for ensuring a safe working environment, and Birdsong alleged that their negligence led to his injuries.

Plaintiff further states that on or about the 14th day of May, 1923, plaintiff was employed by the defendants and each of them as a carrier boy in The Kansas City Star plant at Eighteenth street and Grand avenue, in Kansas City, Jackson county, Missouri, and was in the scope of his duties for the defendants and each of them when he was injured as hereinafter set out through the negligence and carelessness of said defendants and each of them, their agents, servants and vice principals.

Issue

Whether the trust estate created under the will of William R. Nelson is liable for the injuries sustained by Leonard Birdsong due to the negligence of the trustees.

Rule

Trustees are generally not liable in their official capacity for torts committed by them or their agents in the management of property held in trust, but exceptions exist when trustees are charged with the duty of carrying on a business, making the estate liable for negligent acts of their employees.

The general rule in reference to the liability of trustees for torts committed by them, or their agents or servants employed by them, in the management of property which they hold as trustees, is that they are not liable in their official capacity and the only recourse of a person injured is against the trustees as individuals.

Analysis

The court analyzed the provisions of William R. Nelson's will, which stated that the trust estate was responsible for all liabilities incurred in the operation and management of the business. The court concluded that the allegations in Birdsong's petition sufficiently indicated that the trust estate was liable for the negligence of the trustees in managing the Kansas City Star, despite the fact that the negligence occurred under the administration of a predecessor trustee.

Under these allegations of the petition concerning the provisions of the will of Mr. Nelson, we think that the estate is liable for all liabilities incurred by the trustee or trustees in the operation and management of the estate.

Conclusion

The appellate court reversed the lower court's judgment sustaining the demurrer, ruling that the trust estate was liable for Birdsong's injuries and remanded the case for further proceedings.

The judgment is reversed, and the cause remanded.

Who won?

Leonard Birdsong prevailed in the appeal because the court found that the trust estate was liable for the injuries he sustained due to the negligence of the trustees.

The court erred in sustaining the demurrer to the petition.

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