Stephens v. Deatherage Lumber Co.
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Ho». W. B. Teasdale, Judge. (1) If Mr. Floyd was a superintendent, foreman or vice-principal of the respondent in the distinct undertaking of respondent id unloading the timbers from the-cars to the wagon, the instructions given by the court, in behalf of the plaintiff are correct and were properly given.
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Appeal from Jackson Circnit Court. — Ho». W. B. Teasdale, Judge. (1) If Mr. Floyd was a superintendent, foreman or vice-principal of the respondent in the distinct undertaking of respondent id unloading the timbers from the-cars to the wagon, the instructions given by the court, in behalf of the plaintiff are correct and were properly given. Brothers v. Carter, 52 Mo. 372; Gormly v„. Iron Works, 61 Mo. 192; Moore v. Railroad, 85 Mo. 588; Hoke v. Railroad, 88 Mo. 360; Dayharsh v. Railroad, 103 Mo. 570; Schroeder v. Railroad, 108 Mo. 322; Miller v. Railroad, 109 Mo. 350; Russ v. Railroad, 112…
1Opinion of the CourtBroaddus, J.
This is a suit by plaintiff for damages for an injury to his person alleged to have been, received in April, 1901, while in the employ of defendant, through the negligence of Charles Y. Floyd, defendant’s agent. It appears that plaintiff was assisting in unloading heavy lumber from a freight car onto a wagon; that the manner of doing the work was to place two-skids with the end of each resting on the wagon and the other ends on the freight car; and that said Floyd, and one other workman got upon the car and rolled down the lumber over the skids onto the wagon, when plaintiff and the driver of…
2Cases cited6 opinions
- Merchants' Bank v. State BankSupreme Court of the United States · 1871
- Commissioners of Marion County v. ClarkSupreme Court of the United States · 1877
- Haven v. Missouri RailroadSupreme Court of Missouri · 1900
- Powell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Glover v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1900
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3Cited by1 opinion
- Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1905