McDermott v. Pacific Railroad
Supreme Court of Missouri
Appeal from St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The petition is fatally defective. (Story on Ag. § 453 ; 23 Penn. State, 384 ; Angel on Carr. § 577; 3 M. & W. 1; Chitty on Carr. 355; Pierce on Railw. 286, 294; Redfield on Railw. 386; 20 Ohio, 415; 38 Eng. L. & Eq. 477; 5 Exch. 357; 19 Law Rep. 469; 6 Cush. 75; 37 Eng. L. & -Eq. 286; 6 La. Ann. 495; 1 Barb. 231; 20 Barb. 450; 7 La.
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Appeal from St. Louis Court of Common Pleas. The facts sufficiently appear in the opinion of the court. I. The petition is fatally defective. (Story on Ag. § 453 ; 23 Penn. State, 384 ; Angel on Carr. § 577; 3 M. & W. 1; Chitty on Carr. 355; Pierce on Railw. 286, 294; Redfield on Railw. 386; 20 Ohio, 415; 38 Eng. L. & Eq. 477; 5 Exch. 357; 19 Law Rep. 469; 6 Cush. 75; 37 Eng. L. & -Eq. 286; 6 La. Ann. 495; 1 Barb. 231; 20 Barb. 450; 7 La. Ann. 321; 6 Ind. 208 ; 25 Ala. 695 ; 15 Ill. 550; 3 M. & W. 1; 1 McMullen, 385; 15 Georg. 349; 9 Cush. 112; 4 Seld. 175 ; 10 Cush. 228 ; 28 Eng. L. & Eq.…
1Opinion of the CourtNapton, Judge
The principle of the common law, that a servant, who is injured by the negligence or misconduct of his fellow servant, can maintain no action against the master for such injury, seems to be established with great uniformity in England and by the current of authority in the United States. There are cases indeed decided in this country denying the principle entirely; (20 Ohio, 415 ; 8 Ohio St. R. 202;) but they must be regarded as exceptional ones. In some cases a distinction has been attempted aiming to exempt from the operation of the rule servants who are employed in a subordinate capacity,…
2Cited by23 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Brothers v. CartterSupreme Court of Missouri · 1873
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