Clippard v. St. Louis Transit Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Row. Jas. B. Kinealy, Judge. (1) The court erred in overruling defendant’s demurrer to the sufficiency of plaintiff’s petition.
Read the full summary
Appeal from St. Louis City Circuit Court. — Row. Jas. B. Kinealy, Judge. (1) The court erred in overruling defendant’s demurrer to the sufficiency of plaintiff’s petition. In an action by a servant against the master for negligence in furnishing improper appliances for the servant’s use in his work, whereby he was injured, the petition must charge that the master either knew, or by the exercise of ordinary care could have known, of the defect,- or the petition must contain averments equivalent thereto. Mueller v. Shoe Co., 109 Mo. App. 506; Current v. Railroad, 86 Mo. 62; Crane v. Railroad,…
1Opinion of the CourtGraves, J.
Action for personal injuries. Verdict and judgment went for plaintiff in the sum of $6,235, and defendant appeals.
At the institution of the suit plaintiff was a minor, ■ and brought suit through L. J. Grimsley, his curator, but before trial he reached his majority and further prosecuted suit in his own ñamé.
By petition it is charged, that defendant is a corporation and as such used and operated a street railway and a certain car and appliances in the petition mentioned; that on October 29, 1901, plaintiff was in the service of defendant, as a laborer, in repairing its tracks; that he was on…
2Cases cited11 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
6 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Peters v. Kansas City Rys. Co.Missouri Court of Appeals · 1920
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Cross v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1915
- Swearingen v. Consolidated Troup Mining Co.Supreme Court of Missouri · 1908
- Zesch v. Abrasive Co.Supreme Court of Missouri · 1946
2 more not listed; retrieve them via the Exa API.