Barrett v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Son. Wm. S. Martin, Judge. It was not shown that King, the so-called “straw boss,” had any authority either to require or dispense with the use of the rope in taking down the door in question ; or that he had any more authority than the other members of the gang of men — of which the plaintiff was one, to determine the manner in which or the means by which the doors should be taken 'down.
Read the full summary
Appeal from Cole Circuit Court. — Son. Wm. S. Martin, Judge. It was not shown that King, the so-called “straw boss,” had any authority either to require or dispense with the use of the rope in taking down the door in question ; or that he had any more authority than the other members of the gang of men — of which the plaintiff was one, to determine the manner in which or the means by which the doors should be taken 'down. Brown v. Assurance Co., 45 Mo. 224; Grady v. Insurance Co., 60 Mo. 123; McGowan v. Railroad, 61 M’o. 528; McClure v. Insurance Co., 4 Mo. App-. 153; Lingenfelter v.…
1Opinion of the CourtBroaddus, P. J.
— This is a suit to recover damages for injuries sustained by plaintiff by reason of the alleged negligence of defendant.
The main facts of the case are as follows: In October, 1903, plaintiff, then nineteen years of age, was in the employ of defendant at its roundhouse at Hannibal, Missouri, in the capacity of a carpenter and worked with the bridge and building gang of defendant. The plaintiff and other members of the gang were engaged in removing old doors from defendant’s roundhouse. One H. S. Stansberry was tbe foreman of the gang. The plaintiff and three others, named Geren, Rood and…
2Cases cited3 opinions
- Brown v. Railway Passenger Assurance Co.Supreme Court of Missouri · 1870
- Grady v. American Central InsuranceSupreme Court of Missouri · 1875
- Warren v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1905
3Cited by1 opinion
- State Ex Rel. Duvall v. EllisonSupreme Court of Missouri · 1920