Smith v. American Car & Foundry Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence for the folloAving reasons: If the plaintiff was injured by the negligence of any one except himself, it Avas by the negligence of a fellow servant.
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Appeal from St. Louis City Circuit Court. — Hon. Jesse A. McDonald, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence for the folloAving reasons: If the plaintiff was injured by the negligence of any one except himself, it Avas by the negligence of a fellow servant. Plaintiff was so associated with the gang of men who threAV the board that he and they could report delinquencies to a common correcting power, and they Avere also working together at the same time and place toward the accomplishment of a common purpose for a common master. Where servants are so…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. At the close of plaintiff’s evidence, defendant offered an instruction for a compulsory nonsuit and contends that plaintiff failed to make out his case for two reasons: first, that his evidence fails to show that Rohrbacher was a vice-principal; and, second, that plaintiff’s evidence shows affirmatively that Eohrbacher was not guilty of any negligence. In respect to whether or not Eohrbacher was a vice-principal, the evidence is that Hunter was foreman inside the sheds, where the sides and roofs of cars were put on, and at times worked a gang of men in the…
2Cases cited16 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Flesh v. LindsaySupreme Court of Missouri · 1893
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- State v. BurgdoerferSupreme Court of Missouri · 1891
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by2 opinions
- Schmeizer v. Central Furniture Co.Missouri Court of Appeals · 1908
- Gale v. Helmbacher Forge & Rolling Mill Co.Missouri Court of Appeals · 1911