Murray v. St. Louis Cable & Western Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) The deceased was not a fellow-servant with the negligent gripman, because his duties pertained only to guarding the track. A trackman has been repeatedly held by this court not to be a fellow-servant with men operating a train.
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Appeal from St. Louis City Circuit Court. — Hon. A. M. Thayer, Judge. (1) The deceased was not a fellow-servant with the negligent gripman, because his duties pertained only to guarding the track. A trackman has been repeatedly held by this court not to be a fellow-servant with men operating a train. Such has been the doctrine in this state continuously, since Lewis v. Bailroad, 59 Mo. 495, followed by Sail v. Bailroad, 74 Mo. 301. And the doctrine is emphatically reasserted in the recent case of Sullivan v. Bailroad, 97 Mo. 119-120, w hich latter case, we submit, is precisely in point with…
1Opinion of the CourtBlack, J.
— This is a personal damage suit, and the only question is, whether the court erred in sustaining a demurrer to the evidence at the close of the plaintiff’s case.
The defendant owned and operated a cable street railroad in the city of St. Louis, and the plaintiff’s husband, James Murray, was in the defendant’s employ as a watchman at the corner of Fourteenth and Wash streets. The defendant’s two tracks at that point make a short curve. It was the duty of Murray to guard the crossing and to prevent injuries to persons crossing the tracks, and to signal the approaching cars to stop and start, so…
2Cases cited8 opinions
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Smith v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Coontz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Hall v. St. Joseph Water Co.Missouri Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.