Claybaugh v. Kansas City, Fort Scott & Memphis Railway Co.
Missouri Court of Appeals
Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The evidence fails to show that the section foreman was defendant’s vice-principal. On the contrary, it shows that the work was done upon the orders .of the road master; and the section foreman was doing his share of the labor just as any other of the gang.
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Appeal from the Greene Circuit Court. — Hon. W. D. Hubbard, Judge. (1) The evidence fails to show that the section foreman was defendant’s vice-principal. On the contrary, it shows that the work was done upon the orders .of the road master; and the section foreman was doing his share of the labor just as any other of the gang. It is not shown that he had authority to either employ or discharge the men; and, besides, the evidence shows positively that he had nothing to do with paying the men. Therefore, if plaintiff was injured by negligence other than his own, it was that of a fellow servant.…
1Opinion of the CourtBiggs, J.
— The plaintiff was employed as a section hand on the defendant's railroad, and, while so engaged, he received personal injuries for which he sues. The section gang, with which the plaintiff was working, were engaged in loading railroad ties into an open coal car. The car was boarded up at the sides between forty and forty-eight inches. Under the order of the foreman of the gang the ties were loaded from the side of the car, and for that purpose a gangway was constructed, up which the ties were carried and thrown over into the car. The plaintiff and three others were in the car receiving and…
2Cases cited7 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Herriman v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
- Cox v. Syenite Granite Co.Missouri Court of Appeals · 1890
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3Cited by3 opinions
- Lohman v. Swift & Co.Supreme Court of Minnesota · 1908
- Letanovsky v. Friedman-Shelby Shoe Co.Missouri Court of Appeals · 1911
- King v. MannMissouri Court of Appeals · 1921