Levecke v. Curtis & Co. Manufacturing
Missouri Court of Appeals
•Appeal from St. Louis County Circuit Court. — Eon. John W. McEThinney, Judge. (1) The demurrer to the evidence should have been sustained, (a) The plaintiff was left in charge of the men under him with power to direct and control them, and was a vice-principal. Miller v. Railroad, 109 Mo. 350; Hunt v. Lead Co., 104 Mo. App. 377; Browning v. Kasten, 107 Mo. App. 59. Defendant had a right to. and did delegate to plaintiff the power to call other employees to help him.
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•Appeal from St. Louis County Circuit Court. — Eon. John W. McEThinney, Judge. (1) The demurrer to the evidence should have been sustained, (a) The plaintiff was left in charge of the men under him with power to direct and control them, and was a vice-principal. Miller v. Railroad, 109 Mo. 350; Hunt v. Lead Co., 104 Mo. App. 377; Browning v. Kasten, 107 Mo. App. 59. Defendant had a right to. and did delegate to plaintiff the power to call other employees to help him. Knorp v. Wagner, 195 Mo. 637; Denker v. Milling Co., 135 Mo. App. 340, 344; Klein v. Shoe Co., 91 Mo. App. 102. (b) The refusal…
1Opinion of the CourtReynolds, P. J.
Action for damages claimed by plaintiff to have been sustained while in the employ of the defendant.
The petition avers that while in such employment at the factory of the defendant, and while acting under the orders of the foreman, assisted by two other workmen of defendant, he was raising up and fastening to a wall a certain motor ánd its attached equipment, all of the weight of several hundred pounds; that by reason of the negligence of the defendant it fell, coming down upon plaintiff with great force and injuring him as described in the petition. The negligence alleged is that defendant…
2Cases cited14 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by5 opinions
- Kansas City Stockyards Co. Of Maine v. Anderson. Anderson v. Kansas City Stockyards Co. Of MaineCourt of Appeals for the Eighth Circuit · 1952
- Christie v. Great Northern Railway Co.Oregon Supreme Court · 1933
- Hunter v. Busy Bee Candy Co.Supreme Court of Missouri · 1925
- McFarland v. B. F. Goodrich Rubber Co.Court of Appeals for the Eighth Circuit · 1931
- Walsh v. Union Quarry & Construction Co.Missouri Court of Appeals · 1920