Callahan v. St. Louis Merchants' Bridge Terminal Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) Appellant is not liable in tbis case because plaintiff was not, within the meaning of section 2873, Revised Statutes 1899, engaged in the work of operating its railroad.
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Appeal from St. Louis City Circuit Court. — Hon. Franklin Ferris, Judge. (1) Appellant is not liable in tbis case because plaintiff was not, within the meaning of section 2873, Revised Statutes 1899, engaged in the work of operating its railroad. (2) Plaintiff’s co-employees, through whose negligence he was injured, were not •ngaged in the work of operating appellant’s railroad. .8) The fellow-servant act of Missouri having been mken from that of Iowa, is presumed to have been adopted with the construction given to it by the courts of Iowa. State v. Chandler, 132 Mo. 161; Collins v. Wilhoit,…
1Opinion of the Court
Coubt IN Banc.
2Per curiam
The following opinion heretofore rendered by Division One is hereby adopted as the opinion of the Court in Banc.
Burgess, C. J., and Sherwood, Brace, Valliant, and Gantt, JJ., concur: Robinson, J., dissents. MARSHALL, J.
This is an action predicated upon section 2873, Revised Statutes 1899, for damages for personal injuries, by the plaintiff, an employee of the defendant, alleged to have been received in consequence of the negligence of the plaintiff’s fellow-servants, employees of the defendant. The plaintiff recovered a judgment for $6,500 in the circuit court, and the defendant…
3Cases cited29 opinions
- Magoun v. Illinois Trust & Savings BankSupreme Court of the United States · 1898
- Orient Insurance v. DaggsSupreme Court of the United States · 1899
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Pacific Express Co. v. SeibertSupreme Court of the United States · 1892
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- Arizona Eastern Railroad v. MatthewsArizona Supreme Court · 1919
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