State ex rel. Lusk v. Ellison
Supreme Court of Missouri
Certiorari. (1) The decision of the Court of Appeals in holding that the relators owed plaintiff, a trackman, the duty to watch out for his safety upon the tracks and particularly upon the east yard lead, is in conflict with all previous decisions of this court defining the duty owed by railroad companies to trackmen, and more particularly with the decision of this court in the cases of Cahill v. Railroad, 205 Mo. 393; Degonia v. Railroad, 224 Mo. 564; Nivert v. Railroad,…
Read the full summary
Certiorari. (1) The decision of the Court of Appeals in holding that the relators owed plaintiff, a trackman, the duty to watch out for his safety upon the tracks and particularly upon the east yard lead, is in conflict with all previous decisions of this court defining the duty owed by railroad companies to trackmen, and more particularly with the decision of this court in the cases of Cahill v. Railroad, 205 Mo. 393; Degonia v. Railroad, 224 Mo. 564; Nivert v. Railroad, 232 Mo. 626; Rashall v. Railroad, 249 Mo. 509; Cabal v. Railroad, 251 Mo. 257. (2) The decision of the Court of Appeals in…
1Opinion of the CourtGraves, C. J.
Certiorari to the Kansas City Court of Appeáls, bringing up the judgment and opinion of that court in the case of S. B. Brightwell (Plaintiff), Respondent, v. James W. Lusk et al., Receivers (Defendants), Appellants. Brightwell’s action' was one for personal injuries, and was brought under the Federal Employers’ Liability Act. Defendants were the receivers of the St. Louis and San Francisco Railroad Company. Plaintiff was foreman of a crew repairing tracks in the switch.yard of the said railway in Kansas City, Mo. Plaintiff and his crew of three men were working on what was known as the…
2Cases cited5 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Rashall v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Nivert v. Wabash RailroadSupreme Court of Missouri · 1911
- Gabal v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1913
3Cited by18 opinions
- Guthrie v. City of St. CharlesSupreme Court of Missouri · 1941
- Tayer v. York Ice MacHinery Corp.Supreme Court of Missouri · 1938
- Gray v. KurnSupreme Court of Missouri · 1940
- Edmondson v. Hotels Statler Co.Supreme Court of Missouri · 1924
- State Ex Rel. Hauck Bakery Co. v. HaidSupreme Court of Missouri · 1933
13 more not listed; retrieve them via the Exa API.