Gaska v. American Car & Foundry Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court.—Hon. D. D. Fisher, Judge. (1) It was the duty of the defendant to protect its employees by the adoption and enforcement of a rule requiring the trussing crew to do their work only when the cars stood upon their. truck's, instead of permitting them to do the work of trussing while the cars stood upon trusses.
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Appeal from St. Louis City Circuit Court.—Hon. D. D. Fisher, Judge. (1) It was the duty of the defendant to protect its employees by the adoption and enforcement of a rule requiring the trussing crew to do their work only when the cars stood upon their. truck's, instead of permitting them to do the work of trussing while the cars stood upon trusses. Eastwood v. Mining Co., 86 Hun 92; Gerrish v. Ice Co., 63 Conn. 16; Mcllligoll v. Randolph, 61 Conn. 157; Jones v. Railroad, 178 Mo. 545; Poster v. Railroad, 115 Mo. 179; Rutledge v. Railroad, 123 Mo. 126; Reagan v. Railroad, 93 Mo. 348; Schroeder…
1Opinion of the CourtGoode, J.
This was an action by appellants as the parents of Joseph Gaska, to recover damages for his death alleged to have been due to the negligence of respondent. The deceased had been in the employ of respondent but a short time prior to October 17, 1901, on which date he was the victim, of an .accident which caused his death. The respondent company conducts, in the southern part of the city of St. Louis, an establishment where railroad cars are repaired. Gaska belonged to a gang of three men whose duty it was to repair the draft timbers of cars. He was engaged in that work late in the afternoon of…
2Cases cited34 opinions
- Stewart v. Baltimore & Ohio RailroadSupreme Court of the United States · 1897
- Clapp v. . FullertonNew York Court of Appeals · 1866
- Augusta Railway Co. v. GloverSupreme Court of Georgia · 1893
- McGovern v. Central Vermont R. R.New York Court of Appeals · 1890
- Slater v. . JewettNew York Court of Appeals · 1881
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3Cited by3 opinions
- McMenamy v. Scullin-Gallager Iron & Steel Co.Missouri Court of Appeals · 1910
- Philes v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
- Jacob v. Peerless White Lime Co.Supreme Court of Missouri · 1931