Hawk v. McLeod Lumber Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. Jno. G. Wear, Judge. (1) Plaintiff, the deck-hand, and Whalen, the sawyer, being engaged in a common employment, and both at the time of the accident working together at the same work, to a common end, were fellow-servants.
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Appeal from Butler Circuit Court. — Hon. Jno. G. Wear, Judge. (1) Plaintiff, the deck-hand, and Whalen, the sawyer, being engaged in a common employment, and both at the time of the accident working together at the same work, to a common end, were fellow-servants. Card v. Eddy, 129 Mo. 514; McCarty v. Rood Hotel Co., 144 Mo. 397; Miller v. Railroad, 109 Mo. 356; Marshall v. Schricker, 63 Mo. 308; Klochinski v. Lumber Co., 93 Wis. 417. (2) Defendant’s demurrer to plaintiff’s testimony should have been sustained, or the court should have given the peremptory instruction in defendant’s favor at…
1Opinion of the Court
GANTT, J.-
I. Preliminary to an examination of the record in this case on the assignment of errors the motion to dismiss the appeal must be determined.
This motion is based upon alleged failures to comply with the rules of this court as to filing printed copies of the record, and the briefs. An examination of the printed record filed and the index thereto and the briefs shows a very satisfactory and substantial compliance with our rules, and hence, the motion is overruled.
Another proceeding by certiorari has also been injected into the case, challenging the integrity of the bill of exceptions.…
2Cases cited7 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Klochinski v. Shores Lumber Co.Wisconsin Supreme Court · 1896
- Relyea v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Missouri · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Rigsby v. Oil Well Supply Co.Missouri Court of Appeals · 1905
- Cain v. Humes-Deal Co.Supreme Court of Missouri · 1932
- Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1905
- Haas v. St. Louis & Suburban Railway Co.Missouri Court of Appeals · 1905
8 more not listed; retrieve them via the Exa API.