Siela v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. W. H. Sherman, Judge. The demurrer to plaintiff’s evidence should have been sustained. The master is not chargeable for defects in machinery causing injury to the servant, unless negligence or fault can be imputed to the master.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. W. H. Sherman, Judge. The demurrer to plaintiff’s evidence should have been sustained. The master is not chargeable for defects in machinery causing injury to the servant, unless negligence or fault can be imputed to the master. Wood on Master and Servant, §§ 344, 382 ; Roberts & Wallace’s Liability of Employers, (2 Ed.) 113, 169; Scott v. London Loch Co., 34 L. J. Ex. 220; Schultz v. Railroad Co., 64 Mo. 32. The first and second instructions given for plaintiff submit issues not embraced in the pleadings, and upon which no evidence was offered.…
1Opinion of the CourtNorton, J.
This action was commenced in the circuit court of Buchanan county to recover damages for personal injuries received by plaintiff in consequence of being thrown from, and run over by a hand car, by reason of the breaking of a handle thereof on which plaintiff was working as the seiwant of defendant.
*432The petition alleges among other things, the following as the cause of action:
“ That prior to the time plaintiff was injured, the defendant carelessly and negligently furnished to plaintiff for his use in and about said work upon defendant’s track, a hand car which was unsafe and dangerous and unfit…
2Cases cited3 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Long v. Pacific RailroadSupreme Court of Missouri · 1877
3Cited by19 opinions
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Burnes v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1895
14 more not listed; retrieve them via the Exa API.