Tabler v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
. Appeal from Livingston Circuit Court. — Hon. James- • M. Davis, Judge. (1) Plaintiff cannot recover because the derrick was-placed in the centre of the train. He knew its position and voluntarily proceeded on the journey after such knowledge.
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. Appeal from Livingston Circuit Court. — Hon. James- • M. Davis, Judge. (1) Plaintiff cannot recover because the derrick was-placed in the centre of the train. He knew its position and voluntarily proceeded on the journey after such knowledge. Hayden v. Manufacturing Co., 29 Conn: 1548; Hudleston v. Lowell, 102 Mass. 585; Kroyn v. Railroad, 32 la. 361; JDevitt v. Railroad, 50 Mo. 305 ; Smith v. Railroad, 69 Mo. 32. (2) The act of placing the derrick car in the center of the train was-the act of a fellow-servant and not the act of the master, and for this reason plaintiff cannot recover on…
1Opinion of the CourtBlack, J.
The plaintiff, a bridge carpenter, in the employ of the defendant, brought this suit to recover damages for injuries received under the following circumstances : A passenger train was wrecked at Bevier .station, at two o’clock, on the morning of the first of March, 1881. The defendant caused a wrecking and relief train to be made up at Brookfield, a station west of Bevier; this train, composed of an engine, flat cars, a •derrick car, caboose, and a passenger coach, all coupled together in the order named, started for the scene of the •wreck at four o’ clock of the same morning, with physi*83cians…
2Cases cited6 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Leslie v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Norton v. IttnerSupreme Court of Missouri · 1874
- Siela v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
31 more not listed; retrieve them via the Exa API.