Dayharsh v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Linn Circuit Court. — Hon. Gr. D. Burgess, Judge. The case proceeds for personal injuries, and the defenses are a general denial and contributory negligence. Plaintiff was injured while in defendant’s employ at its roundhouse, Brookfield, Missouri. He was a laborer under the direction of Mr. Stephens, who was called the night “hostler.”
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Appeal from Linn Circuit Court. — Hon. Gr. D. Burgess, Judge. The case proceeds for personal injuries, and the defenses are a general denial and contributory negligence. Plaintiff was injured while in defendant’s employ at its roundhouse, Brookfield, Missouri. He was a laborer under the direction of Mr. Stephens, who was called the night “hostler.” The meaning of this term in this case will be readily comprehended, by regarding the locomotive-engines as iron horses and their custody, care, cleaning and management, in and about the roundhouse, as devolving on Mr. Stephens, the “hostler,” and…
1Opinion of the CourtBarclay, J.
Plaintiff was in defendant’s service as a laborer under Mr. Stephens, who as “hostler” had charge and care of defendant ’ s engines in the roundhouse. As such, he also had control and direction of the men necessary to assist him in that work. It is conceded that he had superintending oversight of plaintiff, but the claim is made that he was, nevertheless, a fellow servant of the latter in respect of the movement of the engine which did the damage, and that, consequently, his negligence could not properly furnish a basis for a recovery herein. This is the main question in the case.
A person…
2Cases cited11 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Rima v. Rossie Iron WorksNew York Court of Appeals · 1890
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3Cited by70 opinions
- State v. TaylorSupreme Court of Missouri · 1893
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
65 more not listed; retrieve them via the Exa API.