Legal Opinion

Farrar v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided July 7, 1910PublishedCited by 6 opinions

Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The Constitution abolishing the Fellow-Servant La.w in that State took effect on the day that the Constitution was adopted by the people. 8 Oyc. 744 ; State v. Kyle, 166 Mo. 287. (2) Duncan, the section foreman, was as clearly the vice-principal of defendant as ever such fact occurred in any case.

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Appeal from Howell Circuit Court. — Eon. W. N. Evans, Judge. (1) The Constitution abolishing the Fellow-Servant La.w in that State took effect on the day that the Constitution was adopted by the people. 8 Oyc. 744 ; State v. Kyle, 166 Mo. 287. (2) Duncan, the section foreman, was as clearly the vice-principal of defendant as ever such fact occurred in any case. Burkard v. Leschen, 217 Mo. 446; Koerner v. Car Co., 209 Mo. 157; Edge v. Railroad, 206 Mo. 475; Reedes v. Crystal Co., 129 Mío. App. 107; Doss v. Railroad, 185 Mo, App. 643; Schmeiser v. Central Co., 134 Mo. App. 493; Hagan v. Gibson…

1Opinion of the CourtNixon, P. J.

This was an action commenced in Howell county, Missouri, for damages in the sum of |7500 for personal injuries alleged to have been received by plaintiff by reason of the negligence of the defendant’s servants. The answer set up a general denial, a plea of contributory negligence, assumption of risk, and, lastly, that the plaintiff was injured in the Indian Territory and that his right to recover damages and the defendant’s liability for his injuries were dependent upon and to be determined by the law in force in the Indian Territory where the accident occurred.

At the conclusion of all the…

2Cases cited19 opinions

  1. Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
  2. American Bridge Co. v. SeedsCourt of Appeals for the Eighth Circuit · 1906
  3. Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
  4. Northern Pacific Railroad v. CharlessSupreme Court of the United States · 1896
  5. Alaska Treadwell Gold Min. Co. v. WhelanSupreme Court of the United States · 1897

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3Cited by6 opinions

  1. Neisel v. MoranSupreme Court of Florida · 1919
  2. Reade v. . DurhamSupreme Court of North Carolina · 1917
  3. Reade v. City of DurhamSupreme Court of North Carolina · 1917
  4. Dales v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1912
  5. Davis v. QuinnHawaii Supreme Court · 1959

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