Maxwell v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Livingston Circuit Court.—Host. Jas. M. Davis, Judge. (1) The relation between Walker, the foreman, and. the plaintiff was that of fellow servants. Daubert v. Piclcett, 4 Mo. App. 590; Hamilton v. Iron Mi. Co., 4 Mo. App. 564; Hofnagle v. Ry., 55 N. Y. 608; Crispin v. Babbitt, 81 N. Y. 520; Harwell v. R. R., 4 Met. 49; Rains v. R. R., 71 Mo. 164; Lee v. Detroit, etc., 62 Mo. 416; Cagney.v.
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Appeal from Livingston Circuit Court.—Host. Jas. M. Davis, Judge. (1) The relation between Walker, the foreman, and. the plaintiff was that of fellow servants. Daubert v. Piclcett, 4 Mo. App. 590; Hamilton v. Iron Mi. Co., 4 Mo. App. 564; Hofnagle v. Ry., 55 N. Y. 608; Crispin v. Babbitt, 81 N. Y. 520; Harwell v. R. R., 4 Met. 49; Rains v. R. R., 71 Mo. 164; Lee v. Detroit, etc., 62 Mo. 416; Cagney.v. Ry., 69 Mo. 416; McDermott v. Ry., 71 Mo. 516; Cooley on Torts, 541, 562; Wood’s-Master and Servant, 898, et seq. (2) Where the plaintiff seeks to recover on the ground that the defendant failed…
1Opinion of the Court
Henry, C. J.—
This is an action for damages for personal injury. The petition alleges that plaintiff was in the employ of defendant, working in a stone quarry, and that one Walker, who was defendant’s foreman, directed him to hold an iron wedge which was to .he driven -into a rock, and, while plaintiff was so holding the wedge, Walker ordered the person driving the wedge to strike it, in an improper, negligent and unskilful manner, with a violent and heavy blow, and that said driver struck it a heavy, violent and unusual blow, which caused the wedge to rebound, striking plaintiff in the face…
2Cited by27 opinions
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- Hickman v. GreenSupreme Court of Missouri · 1894
- State v. FoleySupreme Court of Missouri · 1898
- State v. MarcksSupreme Court of Missouri · 1897
- State v. ForshaSupreme Court of Missouri · 1905
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