Jorkiewicz v. American Brake Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Defendant’s instruction of nonsuit should have been given, because (a) The evidence established, without conflict, Cripps and plaintiff were fellow-servants. (b) The dual capacity doctrine is established in Missouri. Garland v. Railroad, 85 Mo. App. 579; Robinson v. Railroad, 133 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel D. Fisher, Judge. (1) Defendant’s instruction of nonsuit should have been given, because (a) The evidence established, without conflict, Cripps and plaintiff were fellow-servants. (b) The dual capacity doctrine is established in Missouri. Garland v. Railroad, 85 Mo. App. 579; Robinson v. Railroad, 133 Mo. App. 101; Moore v. Railroad, 85 Mo. 588; Card v. Eddy, 129 Mo. 510; Hawk v. Lumber Co., 166 Mo. 121; Relyea v. Railroad, 112 Mo. 86; Livengood v. Lead '& Zinc Co., 179 Mo. 229; Thompson on Negligence, p. 952; Weekes v. Scharer, 11 Fed.…
1Opinion of the CourtAllen, J.
— This is an action for damages for personal injuries sustained by plaintiff while in the erUploy of the defendant corporation as its servant. There was a verdict and judgment for plaintiff, and the defendant appealed.
Plaintiff, at the time of his injury, was working as a member of a crew of five men, known as the “hammer crew,” in defendant’s factory. He was assisting in the making of crank-shafts, which was done by placing a heated billet of metal in a die and causing it to be struck a number of blows by a steam hammer, and was injured by a piece of such heated metal, which was sheared off…
2Cases cited8 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Bane v. IrwinSupreme Court of Missouri · 1903
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3Cited by1 opinion
- State Ex Rel. Duvall v. EllisonSupreme Court of Missouri · 1920