Young v. Lusk
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) Plaintiff made no ease, (a) Plaintiff and defendants were not at the time of the injury both engaged in interstate commerce. Thompson v. Railroad, 262 Mo. 468; Railroad v. Behrens, 233 U. S. 473; Federal Emp. Liability Act, 35 U. S. Stat. at L., p. 65, as amended by 36 U. S. Statutes L. 291. (b) The record fails to show any negligence on the part of defendants.
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Appeal from St. Louis City Circuit Court. — Hon. Thomas G. Hennings, Judge. (1) Plaintiff made no ease, (a) Plaintiff and defendants were not at the time of the injury both engaged in interstate commerce. Thompson v. Railroad, 262 Mo. 468; Railroad v. Behrens, 233 U. S. 473; Federal Emp. Liability Act, 35 U. S. Stat. at L., p. 65, as amended by 36 U. S. Statutes L. 291. (b) The record fails to show any negligence on the part of defendants. The negligence charged is not a violation of any Federal statute enacted for the safety of employees. The negligence charged, is failing to warn plaintiff…
1Opinion of the CourtGraves, P. J.
— Action for personal injuries brought in the State circuit court in St. Louis, under the Federal Employers’ Liability Act of April 22, 1908. The negligence charged is best stated in the language of the petition, thus:
“That at about 4:45 p. m. on said 27th day of August, 1914, plaintiff, in the discharge of his duties as such employee, was trying to turn the angle-cock of the airbrake equipment of a freight car and at the northeast of a string of three freight cars on one of the tracks in said Frisco freight yards, and whilst so engaged a switching crew of defendants consisting of an…
2Cases cited3 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Fish v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1914
- Kame v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
3Cited by9 opinions
- Becker v. Aschen.Supreme Court of Missouri · 1939
- Hoch v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
- Weireter v. Great Northern Railway Co.Supreme Court of Minnesota · 1920
- Roy v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
- State Ex Rel. Kroger Grocery & Baking Co. v. HaidSupreme Court of Missouri · 1929
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