Sheehan v. Prosser
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon.. .Jacob Klein, Judge. (1) The defense of a fellow servant was not setup in the answer of defendant, and hence not applicable. The averment of contributory negligence is not sufficient to let in the defense that the injury was caused by a fellow servant. Higgins v. H úlroad, 43 Mo. App. 548; Conlin v. Railroad, 36 Cal. 404; Northrup v. Ins.
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Appeal from the St. Louis City Circuit Court. — Hon.. .Jacob Klein, Judge. (1) The defense of a fellow servant was not setup in the answer of defendant, and hence not applicable. The averment of contributory negligence is not sufficient to let in the defense that the injury was caused by a fellow servant. Higgins v. H úlroad, 43 Mo. App. 548; Conlin v. Railroad, 36 Cal. 404; Northrup v. Ins. Co., 47 Mo. 435; Deering’s Law of' Evidence, sec. 202; Revised Statutes, 1889, sec. 2049; Newham v. Kenton, 79 Mo. 382. It was a usurpation by the court of the province of the jury to withdraw the case…
1Opinion of the CourtBiggs, J.
The defendant, Prosser, had the contract for the construction of a building for his codefendant, the Kelly-Q-oodfellow Shoe Company. The plaintiff was employed about the building as a day laborer. He was injured by being thrown from the third story of the house.
The petition stated substantially that, at the time the plaintiff received his injuries, he' and his coemployees about the building were engaged in hoisting lumber to the third floor of the house by means of .a derrick, with ropes and pulleys attached, and that the power was furnished by a steam engine; that the plain-: tiff, with…
2Cases cited6 opinions
- Northrup v. Mississippi Valley InsuranceSupreme Court of Missouri · 1871
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Greenway v. JamesSupreme Court of Missouri · 1864
- McGowan v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1876
- Relyea v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Missouri · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Louisville & Nashville Railroad v. ChambleeSupreme Court of Alabama · 1910
- Guthrie v. GillespieSupreme Court of Missouri · 1928
- Big Hill Coal Co. v. Abney's Admr.Court of Appeals of Kentucky · 1907
- Duff v. Willamette Steel WorksOregon Supreme Court · 1904
- Stocks v. St. Louis Transit Co.Missouri Court of Appeals · 1904
4 more not listed; retrieve them via the Exa API.