Haggerty v. St. Louis, Keokuk & Northwestern Railroad
Missouri Court of Appeals
Appeal from Lewis Circuit Court. — Eon. E. B. McKee, Judge. STATEMENT. In 1898, and prior thereto, plaintiff was in the employ of the defendant railroad company as section foreman, and on March 10th of that year, while in the discharge of his duty, his right leg was broken a few inches above the anide joint. He was taken to his home in the city of Canton, in Lewis county, the accidnet having occurred a short distance away, and Hr.
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Appeal from Lewis Circuit Court. — Eon. E. B. McKee, Judge. STATEMENT. In 1898, and prior thereto, plaintiff was in the employ of the defendant railroad company as section foreman, and on March 10th of that year, while in the discharge of his duty, his right leg was broken a few inches above the anide joint. He was taken to his home in the city of Canton, in Lewis county, the accidnet having occurred a short distance away, and Hr. Ben H. Smith called to see him in response to the request of Jesse Downs, one of the section gang. Plaintiff did not send for Dr. Smith, and, according to his…
1Opinion of the CourtGoode, J.
1. The point is raised that the petition does not state a cause of action, wherefore the motion in arrest ought to have been sustained. No objection to the petition was taken before verdict by demurrer or motion, or by opposing the reception of testimony to prove its averments. But we think the petition pleads a cause of action that would have been good against a demurrer, and is certainly good at this stage of the proceedings. The cause of action stated is that the defendant obligated itself to furnish competent and skillful physicians and surgeons to attend injured employees who were…
2Cases cited46 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Hearns v. Waterbury HospitalSupreme Court of Connecticut · 1895
- Downes v. Harper HospitalMichigan Supreme Court · 1894
- Powers v. Massachusetts Homœopathic HospitalCourt of Appeals for the First Circuit · 1901
- Perry ex rel. Perry v. House of RefugeCourt of Appeals of Maryland · 1885
41 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Adams v. University HospitalMissouri Court of Appeals · 1907
- Kemper v. GluckSupreme Court of Missouri · 1931
- Phillips v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Virginia Iron, Coal & Coke Co. v. Odle's Adm'rSupreme Court of Virginia · 1920
- Barden v. . R. R.Supreme Court of North Carolina · 1910
13 more not listed; retrieve them via the Exa API.