Stubbs v. Omaha, Kansas City & Eastern Railway Co.
Missouri Court of Appeals
Appeal from the Sullivan Circuit Court. — Mon. John P. Butler, Judge. (1) That act (Session Acts 1897, p. 96), does not pretend to be so sweeping. If constitutional, it can apply only to injuries received while the injured party is “engaged in' the work of operating” a railroad. The intention is not to eliminate the question of fellow-servants from railroad employees, but simply from the “operating department” — the handling and moving of trains.
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Appeal from the Sullivan Circuit Court. — Mon. John P. Butler, Judge. (1) That act (Session Acts 1897, p. 96), does not pretend to be so sweeping. If constitutional, it can apply only to injuries received while the injured party is “engaged in' the work of operating” a railroad. The intention is not to eliminate the question of fellow-servants from railroad employees, but simply from the “operating department” — the handling and moving of trains. Bespondent and his fellow-servants were engaged in laying rails, which is construction work. He therefore belonged to the construction department…
1Opinion of the CourtEllison, J.
— The plaintiff was engaged in the service of defendant as a laborer and was injured through the alleged careless ánd negligent act of his fellow-servants laboring with him at the time. The verdict was for plaintiff in the sum of $1,500.
The evidence shows that plaintiff was engaged with several other of defendant’s employees in replacing old rails on defendant’s track with new steel rails. That in lifting one of the steel rails, the men had hold of each end the plaintiff being at one end. Those having hold of the other end suddenly and negligently, without cause, or warning, threw it down so…
2Cases cited7 opinions
- Georgia Railroad v. IveySupreme Court of Georgia · 1884
- Atchison, Topeka & Santa Fé Railroad v. BrassfieldSupreme Court of Kansas · 1893
- Steffenson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1891
- Keatley v. Illinois Central Railway Co.Supreme Court of Iowa · 1895
- Larson v. Illinois Central Railway Co.Supreme Court of Iowa · 1894
2 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Shuler v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1901
- Nicholson v. RailroadSupreme Court of North Carolina · 1905
- Orendorff v. Terminal RailroadMissouri Court of Appeals · 1906
- Hardt v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1907
9 more not listed; retrieve them via the Exa API.