Zellars v. Missouri Water & Light Co.
Missouri Court of Appeals
Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) Tbe negligence charged in the petition was not proven, and no negligence of the defendant was shown; therefore, the demurrers to the evidence as to each count of the petition should have been sustained, and the peremptory instructions offered by the defendant, at the close of all of the evidence, should have been given.
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Appeal from Carroll Circuit Court. — Hon. Jno. P. Butler, Judge. (1) Tbe negligence charged in the petition was not proven, and no negligence of the defendant was shown; therefore, the demurrers to the evidence as to each count of the petition should have been sustained, and the peremptory instructions offered by the defendant, at the close of all of the evidence, should have been given. (2) This court has recently stated the rule as to when the trial court should sustain a demurrer to tbe evidence. Hamman v. Central Coal & Coke Company, 156 Mo. 243; Bucldey v. Kansas City, 156 Mo. 20;…
1Opinion
ON MOTION NOR REHEARING.
ELLISON, J.
Each party has asked a rehearing in this cause. Defendant, in support of its criticism of the foregoing opinion by the presiding judge, says that, as to fellow-servants, it is in “direct conflict with the decision of the Supreme Court in the case of Grattis v. Railway, 153 Mo. 380.” In view of such statement we have again looked into the, controversy.
In cases other than railroads (these being dangerous agencies now excepted by statute)- the master is not liable to a servant for injuries resulting from the negligence and carelessness of a fellow-servant. The…
2Cases cited20 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Armour v. HahnSupreme Court of the United States · 1884
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Holden v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1880
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