Bien v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. Walter B. Doiiglas, Judge. (1) Tire refusal of defendant’s instruction in the nature of a demurrer offered at the close of plaintiff’s evidence was error. He who relies upon the absence of the relation of fellow-servants, carries the burden of establishing its non-existence. Shaw v. Construction Co., 77 S. W. 96; Blessing v. Railway, 77 Mo. 410; Sheehan v. Prosser, 55 Mo.
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Appeal from St. Louis City Circuit Court. — Eon. Walter B. Doiiglas, Judge. (1) Tire refusal of defendant’s instruction in the nature of a demurrer offered at the close of plaintiff’s evidence was error. He who relies upon the absence of the relation of fellow-servants, carries the burden of establishing its non-existence. Shaw v. Construction Co., 77 S. W. 96; Blessing v. Railway, 77 Mo. 410; Sheehan v. Prosser, 55 Mo. App. 569. Where the essential facts are undisputed, the question whether one is a fellow-servant with another who caused his injury is a question of law. McGowan v. Railway,…
1Opinion of the CourtGoode, J.
— Plaintiff was badly hurt by being run against by one of the defendant’s trolley cars. The accident occurred the morning of November 28, 1903. Plaintiff was one of the defendant’s motormen and on that morning was ordered by a foreman named Dring to take a car out of the carsheds at Delmár and De-Balaviere avenues. Those sheds are the division headquarters for five or six lines of street cars operated by the Transit Company; among them the Olive street, the Delmar avenue and the Page avenue lines. Several hundred cars go out of the sheds daily on the different lines. . The particular ear…
2Cases cited12 opinions
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- McGowan v. St. Louis Ore & Steel Co.Supreme Court of Missouri · 1891
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Strother v. Kansas City Milling Co.Supreme Court of Missouri · 1914
- McIntyre v. TebbettsSupreme Court of Missouri · 1914
4 more not listed; retrieve them via the Exa API.