Robinson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The plaintiff by Ms allegation made his petition clear by declaring Ms intent to proceed against the defendant for failure to furnish him reasonably safe appliances to do his work. Butts y. Long, 94 Mo. App. 687; Sidway v. Land & Live Stock Co., 163 Mo. 342; Stillwell v. Hand, 97 Mo. 579; Sexton v. Railroad, 98 Mo. App. 494; Loehr y. Murphy, 45 Mo.
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Appeal from Pemiscot Circuit Court. — Hon. Henry C. Riley, Judge. (1) The plaintiff by Ms allegation made his petition clear by declaring Ms intent to proceed against the defendant for failure to furnish him reasonably safe appliances to do his work. Butts y. Long, 94 Mo. App. 687; Sidway v. Land & Live Stock Co., 163 Mo. 342; Stillwell v. Hand, 97 Mo. 579; Sexton v. Railroad, 98 Mo. App. 494; Loehr y. Murphy, 45 Mo. App. 519. (2) The plaintiff is bound by the allegations of his petition, and although the petition may contain unnecessary averments, yet, as long as the petition stands…
1Opinion of the CourtBland, P. J.
Plaintiff, on January 6, 1906, was injured while assisting a crew of men to load trucks on a flat car for defendant at H'ayti, Missouri. The action is to recover for the resulting damages. The petition is in one count but sets forth two distinct assignments of negligence, one of commission as follows:
“While plaintiff was working as a common laborer, and employed. by defendant, engaged in the work of operating its railroad in Pemiscot county, Missouri, under the orders, direction and immediate supervision of defendant’s foreman, or .overseer, and while in the line of his duty, he, with other…
2Cases cited16 opinions
- Blair v. Chicago & Alton RailroadSupreme Court of Missouri · 1886
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Bane v. IrwinSupreme Court of Missouri · 1903
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3Cited by1 opinion
- Misenhelter v. Geronimo Lead & Zinc Co.Missouri Court of Appeals · 1917