Pendegrass v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Circuit Court. — Hon. C. B. Faris, Judge. (1) The demurrer to the evidence should have been sustained, because: (a) Plaintiff had full charge of the pump house and all appliances, including the ladder, and it was his duty to see that it was kept in a reasonably safe condition. He was a vice principal. Forbes v. Dunnavant, 198 Mo. 208; Knorpp v. Wagner, 195 Mo. 662; Herbert v. Perry Co., 107 Mo. App. 297; Steffenson v. The Roehr Co., 136 Mo.
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Appeal from Cape Girardeau Circuit Court. — Hon. C. B. Faris, Judge. (1) The demurrer to the evidence should have been sustained, because: (a) Plaintiff had full charge of the pump house and all appliances, including the ladder, and it was his duty to see that it was kept in a reasonably safe condition. He was a vice principal. Forbes v. Dunnavant, 198 Mo. 208; Knorpp v. Wagner, 195 Mo. 662; Herbert v. Perry Co., 107 Mo. App. 297; Steffenson v. The Roehr Co., 136 Mo. App. 228; Bowen v. Railroad, 95 Mo. 277; Miller v. Railroad, 109 Mo. 356; Tel. Co. v. Jeffries, 154 S. W. 1114; Williams v.…
1Opinion of the CourtAllen, J.
This is an action by a servant against the master for personal injuries alleged to have been sustained while in the latter’s employ. There was a verdict and judgment for plaintiff below, and the ease is here upon defendant’s appeal.
At the time that plaintiff received his injuries he was working for the defendant railroad company, as a “pumper,” at the latter’s pumping station at Crystal City, his principal duty being to operate a pump for the purpose of keeping a supply of water in defendant’s water tank at said place. It appears that plaintiff, who had previously worked for the defendant,…
2Cases cited12 opinions
- Houston v. Brush & CurtisSupreme Court of Vermont · 1894
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gerdes v. Christopher & Simpson Architectural Iron & Foundry Co.Supreme Court of Missouri · 1894
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
- Coontz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Hayes v. Sheffield Ice Co.Supreme Court of Missouri · 1920
- Warnke v. A. Leschen & Sons Rope Co.Missouri Court of Appeals · 1914
- Crader v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Alaska Packers' Ass'n v. GoverCourt of Appeals for the Ninth Circuit · 1922
- Spaulding v. Missouri Lumber & Mining Co.Missouri Court of Appeals · 1914
6 more not listed; retrieve them via the Exa API.