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…
1Opinion of the CourtMacfarlane, J.
I adopt, in substance, the statement made by Babclay, J., to his opinion filed in division one. 24 S. W. Rep. 746.
*515“This is an action for personal injuries grounded on negligence. The defendants are the receivers of the M., K. & T.'Railway Co. The pleadings need not be specially recited.
“The case was tried before the court and a jury with the result of a verdict and judgment for plaintiff for $3,000, from which defendants appealed.
“That defendants were receivers in possession of, and operating, the railway line where the injury happened was admitted, and also that plaintiff was, at the time,…
2Cases cited10 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- McCarty v. Rood Hotel Co.Supreme Court of Missouri · 1898
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
- Hawk v. McLeod Lumber Co.Supreme Court of Missouri · 1901
11 more not listed; retrieve them via the Exa API.