Moore v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Livingston Circuit Court.—Hon. James M. Davis, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s evidence. Kestler, the foreman, was a fellow servant of the plaintiff, and the defendant was not liable for an injury occurring through his negligence, or on account of a failure on his part to keep his .alleged promise to protect plaintiff from injury. Harper v. Railroad, 47 Mo. 576 ; McGowan v. St. L. & 1. M. Ry.
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Appeal from Livingston Circuit Court.—Hon. James M. Davis, Judge. (1) The court erred in overruling defendant’s demurrer to plaintiff’s evidence. Kestler, the foreman, was a fellow servant of the plaintiff, and the defendant was not liable for an injury occurring through his negligence, or on account of a failure on his part to keep his .alleged promise to protect plaintiff from injury. Harper v. Railroad, 47 Mo. 576 ; McGowan v. St. L. & 1. M. Ry. Co., 61 Mo. 528; Lee v. Detroit Bridge & Iron Works, 62 Mo. 565; Marshall v. Schricker, 63 Mo. 308 ; Blessing v. St. L., K. C. & N. Ry. Co., 77…
1Opinion of the CourtHenry, C. J.
This is an action to recover damages for an injury alleged by plaintiff to have been sustained by him while in the employ of defendant as a car repairer. The .cause of action stated in the petition is, that at Stan-berry, a station on defendant’s road, defendant kept a car shop, and had in its employ a foreman of car repairs, who had sole charge and control of hands employed to repair cars. That on the nineteenth day of October, 1881, and *592while plaintiff was so employed as a car repairer, the said foreman ordered and directed the plaintiff to repair the draw-head of one of the freight cars of…
2Cited by69 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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