Moss v. Pacific Railroad
Supreme Court of Missouri
Error to Cole Circuit Court. I. The second count is demurrable under the third section of the damage act (Wagn. Stat. 520). Unless the master was guilty of the lack of ordinary care in the selection of servants, he is not liable. (McDermott v. Pacific R.R., 30 Mo. 115; Rohback v. Pacific R.R., 43 Mo. 187; Gibson v. Pacific R.R., 46 Mo. 169; Warner v. Erie, 39 N. Y. 468 ; P. & Ft.
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Error to Cole Circuit Court. I. The second count is demurrable under the third section of the damage act (Wagn. Stat. 520). Unless the master was guilty of the lack of ordinary care in the selection of servants, he is not liable. (McDermott v. Pacific R.R., 30 Mo. 115; Rohback v. Pacific R.R., 43 Mo. 187; Gibson v. Pacific R.R., 46 Mo. 169; Warner v. Erie, 39 N. Y. 468 ; P. & Ft. W. R.R. v. Devereaux, 17 Ohio, 197.) The plaintiff clearly intended to charge defendant with personal negligence in this, that it did not use ordinary care and diligence in the selection of its servants, but has…
1Opinion of the CourtBliss, Judge
A minor son of the plaintiff was killed while in defendant’s employ, and she brings this action under the act concerning damages, etc. (Gen. Stat. 1865, ch. 147; Wagn. Stat. 519.) The petition contains three counts, but it is unnecessary to consider the first, inasmuch as a motion to irtake it more definite was affirmed by consent, and the plaintiff, instead of amending, took a voluntary nonsuit as to this count.
*169The second count alleges, in substance, that it was defendant’s duty to employ careful and skillful servants in running its trains; that defendant failed to do this, by reason of…
2Cases cited1 opinion
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
3Cited by14 opinions
- Indiana, Bloomington & Western Railway Co. v. DaileyIndiana Supreme Court · 1887
- Southern Pac. Co. v. HetzerCourt of Appeals for the Eighth Circuit · 1905
- Lake Shore & Michigan Southern Railway Co. v. StupakIndiana Supreme Court · 1890
- Bell v. Globe Lumber Co.Supreme Court of Louisiana · 1901
- Atchison, Topeka & Santa Fé Railroad v. HoltSupreme Court of Kansas · 1883
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