Montgomery v. Chicago, Great Western Railway Co.
Missouri Court of Appeals
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) The master is bound to use ordinary care in providing and maintaining a reasonably safe place in which the servant may do his work. Barrows on Negligence, p. 90; Scott v. Springfield, 81 Mo. App. 312; Devore v. Railway, 86 Mo. App. 429; Minnier v. Railway, 167 Mo. 99; Cardwell v. Railroad, 90 Mo. App. 31; Herbert v. Boot & Shoe Co., 90 Mo. App. 305; Nash v. Dowling, 93 Mo.
Read the full summary
Appeal from Clinton Circuit Court. — Hon. A. D. Burnes, Judge. (1) The master is bound to use ordinary care in providing and maintaining a reasonably safe place in which the servant may do his work. Barrows on Negligence, p. 90; Scott v. Springfield, 81 Mo. App. 312; Devore v. Railway, 86 Mo. App. 429; Minnier v. Railway, 167 Mo. 99; Cardwell v. Railroad, 90 Mo. App. 31; Herbert v. Boot & Shoe Co., 90 Mo. App. 305; Nash v. Dowling, 93 Mo. App. 156; Zellers v. Water & Light Co., 92 Mo. App. 107. (2) The mere knowledge of the master’s negligence and that a risk is to be incurred by the servant,…
1Opinion of the CourtBroaddus, J.
Plaintiff sued for damages which he claims he sustained as the result of an injury caused by the negligence of defendant. The evidence disclosed that he was a switchman in defendant’s employ at the time of the injury which occurred in its switch yards at St. Joseph, Missouri.
On July 21, 1900, at about ten o’clock at night an engine to which was attached several freight cars stood on defendant’s main track headed north ready to be switched south and onto a side track. Plaintiff was stationed at the south end of the train to which was attached a box car. His duty was to throw the switch so as…
2Cases cited5 opinions
- Fugler v. BotheSupreme Court of Missouri · 1893
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
- Steinhauser v. SpraulSupreme Court of Missouri · 1895
- Moore v. Kansas City, Ft. Scott & Memphis Railway Co.Supreme Court of Missouri · 1898
- Marshall v. Kansas City Hay Press Co.Missouri Court of Appeals · 1897
3Cited by8 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Rogers v. Tegarden Packing Co.Missouri Court of Appeals · 1914
- Rhea v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Bunker v. Union Pacific RailroadUtah Supreme Court · 1911
- St. Louis, K. C. & C. R. v. ConwayCourt of Appeals for the Eighth Circuit · 1907
3 more not listed; retrieve them via the Exa API.