McClintic-Marshall Const. Co. v. Forgy
Court of Appeals for the Eighth Circuit
In Error to the District Court of the United States for the Western District of Missouri; Arba S. Van Valkenburgh, Judge. Action by Elnora Forgy against the McClintic-Marshall Construction Company. Judgment for plaintiff, and defendant brings error.
1DissentSanborn, Circuit Judge
It is conceded, and is indisputable, that the injury and death of Forgy was no evidence of the causal negligence of the construction company. It is conceded, and is indisputable, that Boone, the foreman, Forgy, the engineer, Reed and Jeffress, who worked with crane No. 15, Springer, the foreman, Lewis, the engineer, and Knowland and Garzee, who worked with crane No. 17, were fellow servants, and that the company is not liable on account of any negligence of any of them which caused or contributed to the injury or death of Forgy.
The burden was therefore upon the plaintiff below to prove by…
2Cases cited12 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- Armour v. HahnSupreme Court of the United States · 1884
- Atchison, Topeka, & Santa Fe Railway Co. v. CalhounSupreme Court of the United States · 1909
- Kreigh v. Westinghouse, Church, Kerr & Co.Supreme Court of the United States · 1909
- Cole v. German Savings & Loan Soc.Court of Appeals for the Eighth Circuit · 1903
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