Mertz v. A. Leschen & Sons Rope Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The demurrer to the evidence should have been sustained: (a) Because if Varwig was negligent in letting the wire slip from his hands and injure the plaintiff, his negligence was that of a fellow-servant for which the master is not liable.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. The demurrer to the evidence should have been sustained: (a) Because if Varwig was negligent in letting the wire slip from his hands and injure the plaintiff, his negligence was that of a fellow-servant for which the master is not liable. The men were uncler a common superior, engaged in the common enterprise of making a strand of wire rope, in the same grade of service and with ample opportunity to observe each other’s actions and report delinquencies to a common superior. Under such circumstances, even though Varwig…
1Opinion of the CourtAllen, J.
This is an action for personal injuries consisting of the loss of an eye, suffered by plaintiff while in the employ of defendant as its servant. Plaintiff recovered and defendant prosecutes the appeal.
Defendant is a manufacturer of wire rope, and at the time that plaintiff received his injuries, his duties' ordinarily consisted in operating a machine designed for making such rope. The machine in question is a very complicated one, and nothing like a complete description of it need be attempted. It had a number of bobbins which carried the separate strands of wire and from which these separate…
2Cases cited20 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- City of LaSalle v. KostkaIllinois Supreme Court · 1901
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
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3Cited by5 opinions
- State Ex Rel. Duvall v. EllisonSupreme Court of Missouri · 1920
- Kautz v. St. Louis Refrigerator Car Co.Missouri Court of Appeals · 1920
- Small v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1913
- Cook v. Atlas Portland Cement Co.Missouri Court of Appeals · 1924
- Jorkiewicz v. American Brake Co.Missouri Court of Appeals · 1915