McCarty v. Rood Hotel Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. P. R. Elitcraft, Judge. If the plaintiff and Thompson were not fellow-servants, and Thompson negligently caused the injury without negligence on the part of plaintiff, defendant is liable. If, on the other hand, they were fellow-servants, and Thompson injured plaintiff while obeying E. E. Sumner, there can be no question but that plaintiff can recover.
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Appeal from St. Louis City Circuit Court. — Hon. P. R. Elitcraft, Judge. If the plaintiff and Thompson were not fellow-servants, and Thompson negligently caused the injury without negligence on the part of plaintiff, defendant is liable. If, on the other hand, they were fellow-servants, and Thompson injured plaintiff while obeying E. E. Sumner, there can be no question but that plaintiff can recover. The question of contributory negligence is not before the court, as there, is no evidence to sustain that defense. Foster v. Railroad, 115 Mo. 165; Rowland v. Railroad, 20 Mo. App. 463; Schaub v.…
1Opinion of the CourtSherwood, J.
Action for personal injuries received in the shaft of an elevator while in the employ of defendant hotel company. At the close of plaintiff’s case the trial court gave an instruction in the nature of a demurrer to the evidence, whereupon plaintiff took a nonsuit, and failing to have it set aside appealed to this court.
The sole act of negligence charged in the petition is that Thompson, the elevator boy, “acting under the order of E, E. Sumner, the manager of said West End Hotel, who had general supervision and control over all the employees and appointments of the hotel, in answer to a bell…
2Cases cited5 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Watson v. Mound City Street Railway Co.Supreme Court of Missouri · 1896
- Card v. EddySupreme Court of Missouri · 1895
3Cited by22 opinions
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Spiro v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Gustafson v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1904
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
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