Marshall v. Schricker
Supreme Court of Missouri
Appeal from Johnson Circuit Court. I. The master is not liable in this case, unless the fellow servant, Clifford, by whose negligence the injury was occasioned, was not possessed of ordinary skill and capacity in the business entrusted to him, and the employment of such incompetent servant was attributable to the want of ordinary care on the part of the master. (Rohback vs. P. R. R. 43 Mo. 193, and cases cited.) II.
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Appeal from Johnson Circuit Court. I. The master is not liable in this case, unless the fellow servant, Clifford, by whose negligence the injury was occasioned, was not possessed of ordinary skill and capacity in the business entrusted to him, and the employment of such incompetent servant was attributable to the want of ordinary care on the part of the master. (Rohback vs. P. R. R. 43 Mo. 193, and cases cited.) II. The rule, that a servant injured by the negligence or'misconduct of his fellow servant cannot maintain an action therefor against his master, is not affected by the fact that such…
1Opinion of the CourtHough, Judge
In October, 1871, the plaintiff was employed by the defendants to haul with his own team earth, stone and other materials from certain excavations then being made by them as contractors, in Johnson county, Missouri, on the line of the Warrensburg & Marshall railroad.
The plaintiff was, with other hands, placed under the direction of one Clifford, who was employed by the defendant to do the blasting required to be done in making said excavations, and acted as foreman for the defendants, in the prosecution of said *310work. At tbe time of the injury hereinafter mentioned, Clifford, the plaintiff,…
2Cases cited7 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- McGowan v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1876
- Brothers v. CartterSupreme Court of Missouri · 1873
- Gormly v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Whalen v. Centenary Church of the City of St. LouisSupreme Court of Missouri · 1876
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3Cited by18 opinions
- Rains v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1879
- Eckhard v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Wiggins Ferry Co. v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Brown v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
13 more not listed; retrieve them via the Exa API.