Porter v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Buchanan Circuit Court. Statement of Case. •The facts charged in the petition were that plaintiff was a young man of nineteen, enployed as a brakesman by defendant, and that in consequence of the unevenness of a switch sidetrack, he was thro urn from a car and run oyer, and his leg was crushed.
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Appeal from, Buchanan Circuit Court. Statement of Case. •The facts charged in the petition were that plaintiff was a young man of nineteen, enployed as a brakesman by defendant, and that in consequence of the unevenness of a switch sidetrack, he was thro urn from a car and run oyer, and his leg was crushed. I. If a servant is injured by the negligence or fault of his fellow servant, though the one injured is subject to the orders of the one in fault, no action can be maintained against the master. (McDermott vs. Pac. R. R. Co., 30 Mo., 116,117 ; Harwell vs. Poston & W. B., 4 Mete., 49 ; Bedf.…
1Opinion of the CourtNorton, Judge
The judgment in this case must be reversed, because the petition alleges .the minority of plaintiff, and the appointment of a next friend by the Circuit Court of Buchanan county? which allegations are denied in the answer, and nó proof was offered on the subject. The point was raised in the Circuit Court by a demurrer to the evidence.
The question in regard to cumulative evidence becomes unimportant in this view of the ease, as upon a new trial the defendant can of course introduce his newly discovered evidence.
We have examined the instructions in this case, and see no objection to them. The…
2Cases cited1 opinion
- Brothers v. CartterSupreme Court of Missouri · 1873
3Cited by22 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
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