McIntyre v. Tebbetts
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Eon. George H. Shields, Judge. (1) Defendants were not negligent. They had performed every duty which the law and the circumstances imposed upon them. Moore v. Railroad, 85 Mo. 588; Schaub v. Railway Co., 106 Mo. 87; Browning v. Railroad, 124 Mo. 55; Card v. Eddy, 129 Mo. 510; Grat-tis v. Railroad, 158 Mo. 380; Jones v. Railroad, 178 Mo. 528; Livengood v. Lead and Zinc Co., 179 Mo. 229; Edge v. Electric Ry.
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Appeal from St. Louis City Circuit Court. — Eon. George H. Shields, Judge. (1) Defendants were not negligent. They had performed every duty which the law and the circumstances imposed upon them. Moore v. Railroad, 85 Mo. 588; Schaub v. Railway Co., 106 Mo. 87; Browning v. Railroad, 124 Mo. 55; Card v. Eddy, 129 Mo. 510; Grat-tis v. Railroad, 158 Mo. 380; Jones v. Railroad, 178 Mo. 528; Livengood v. Lead and Zinc Co., 179 Mo. 229; Edge v. Electric Ry. Co., 206 Mo. 471; Zellars v. Light Co., 92 Mo. App. 107; Railroad v. Baugh, 149 U. S. 368; Railroad v. Illambly, 154 U. S. 349; Railroad v.…
1Opinion of the Court
OPINION.
GOODE, J.
(after stating the facts). — Kuhr was foreman of the wagon crew and the other members were under his authority. The wagon was, so to speak, a detached place of operation where part of defendants’ business was carried on under Kuhr’s control. He was empowered to employ men for his crew, regulate their work and let them go at his pleasure. Those facts were presented in the first instruction, and the jury were told if they found them to exist, Kuhr was a vice-principal and not a fellow-servant of the plaintiff. The court did not err in this ruling. [Miller v. Railroad, 109 Mo.…
2Cases cited10 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Bane v. IrwinSupreme Court of Missouri · 1903
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3Cited by4 opinions
- English v. Roberts, Johnson & Rand Shoe Co.Missouri Court of Appeals · 1909
- Parker v. Nelson Grain and Milling Co.Supreme Court of Missouri · 1932
- Mertz v. A. Leschen & Sons Rope Co.Missouri Court of Appeals · 1913
- McIntyre v. TebbettsSupreme Court of Missouri · 1914