Card v. Eddy
Supreme Court of Missouri
Appeal from Cooper Circuit Cou/rt. — Hon. E. L. Edwaeds, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) Plaintiff’s evidence failed to make out a case, and the demurrer to the evidence should have been sustained. (3) The plaintiff and the person who threw the message and lump of coal from the train were fellow servants, and even if the latter was negligent plaintiff can not recover.
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Appeal from Cooper Circuit Cou/rt. — Hon. E. L. Edwaeds, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. (2) Plaintiff’s evidence failed to make out a case, and the demurrer to the evidence should have been sustained. (3) The plaintiff and the person who threw the message and lump of coal from the train were fellow servants, and even if the latter was negligent plaintiff can not recover. Eor this reason the court erred in giving the plaintiff’s second instruction. In delivering the message the fireman did not act as fireman, and performed no act…
1DissentBarclay, J.
( dissenting). — This case is remarkable in several respects. It has had four hearings since it came into the court. First, the circuit judgment in favor of plaintiff was affirmed, all the judges of the first division concurring (24 S. W. Rep. 746). On motion for rehearing, the cause was transferred to court in banc where the judgment was again affirmed (28 S. W. Rep. 753), all concurring except Judges Gantt and Sherwood. Since then there have been two more hearings by the court in banc. On each occasion a judgment of reversal has been rendered, for the reasons given by our learned associate,…
2Cases cited23 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
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