Fell v. Rich Hill Coal Mining Co.
Missouri Court of Appeals
Error to Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This is an action to recover damages for personal injuries. The defendant is a corporation. The plaintiff was working as a miner in one of defendant’s coal shafts.
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Error to Bates Circuit Court, Hon. James B. Gantt, Judge. Statement of case by the court. This is an action to recover damages for personal injuries. The defendant is a corporation. The plaintiff was working as a miner in one of defendant’s coal shafts. The petition alleges that the injury resulted from defendant.’s negligence in not furnishing and _having in charge of the engine, used in lowering into and hoisting from the coal pit the men employed in digging, coal, a competent and careful engineer to operate said engine, and in failing to have the cage so used for letting the men down and…
1Opinion of the CourtPhilips, P. J.
I. The principal contention of defendant, raised at this bar, is, that the relation of master and servant did not exist between defendant and plaintiff, and, therefore, the doctrine of respondeat superior does not apply. It is urged that McOombe was an independent contractor, under the mining company ; that he hired, paid and controlled the men employed in the shaft, without any control or supervision on the part of defendant over this matter.
The conclusion drawn from this premise would follow but for another important fact in the record. The imputed negligence of defendant consists in two…
2Cases cited9 opinions
- Walker v. OwenSupreme Court of Missouri · 1883
- City of Detroit v. CoreyMichigan Supreme Court · 1861
- Noble v. BlountSupreme Court of Missouri · 1883
- Holmes v. BraidwoodSupreme Court of Missouri · 1884
- Davis v. BrownSupreme Court of Missouri · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Stein v. Battenfield Oil & Grease Co.Supreme Court of Missouri · 1931
- Martinowsky v. City of HannibalMissouri Court of Appeals · 1889
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of Arkansas · 1907
- Chicago, Rock Island & Pacific Railway Co. v. CapleSupreme Court of Arkansas · 1944
- Oglesby v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1899
6 more not listed; retrieve them via the Exa API.