Hoke v. St. Louis, Keokuk, & Northern Railway Co.
Missouri Court of Appeals
Appeal from the St. Charles Circuit Court, Edwards, J. The act of the road-master in this case, was the act -of a co-laborer' or fellow-servant of the respondent, and not as vice-principal or alter ego of the appellant. — Brickner v. Railroad Co., 2 Lans. 506; Harper v. Railroad Co., 47 Mo. 567 ; Brothers v. Carter, 52 Mo. 372; Marshall v. Schricker, 63 Mo. 308. The “ road-master,” through whose negligence the injury was caused, had superintendence of a department of "the…
Read the full summary
Appeal from the St. Charles Circuit Court, Edwards, J. The act of the road-master in this case, was the act -of a co-laborer' or fellow-servant of the respondent, and not as vice-principal or alter ego of the appellant. — Brickner v. Railroad Co., 2 Lans. 506; Harper v. Railroad Co., 47 Mo. 567 ; Brothers v. Carter, 52 Mo. 372; Marshall v. Schricker, 63 Mo. 308. The “ road-master,” through whose negligence the injury was caused, had superintendence of a department of "the business of the appellant, with delegated authority to employ and discharge hands, and was not, therefore, a…
1Opinion of the CourtBakewell, J.
This was an action for damages for an injury alleged to have been done to respondent by appellant and its employees whilst engaged in loading a wrecked car upon a train of cars. There was a verdict and judgment for plaintiff for |10,000.
The petition states in substance that on August 15, 1879, plaintiff was working in defendant’s employ as a laborer, acting under Michael Fitzgerald, an agent and servant of defendant, who was superintending or “ bossing” the body of laborers of whom plaintiff was one. Plaintiff was acting as a laborer under the direct supervision and coutrol of John Tracey,…
2Cases cited4 opinions
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Marshall v. SchrickerSupreme Court of Missouri · 1876
- Brickner v. New York Central RailroadNew York Supreme Court · 1870
- Devany v. Iron-WorksMissouri Court of Appeals · 1877
3Cited by2 opinions
- Quinn v. New Jersey Lighterage Co.U.S. Circuit Court for the District of Eastern New York · 1885
- Hoke v. St. Louis, Keokuk & Northern Railway Co.Supreme Court of Missouri · 1885