Grattis v. Kansas City, Pittsburg & Gulf Railroad
Supreme Court of Missouri
Appeal from Newton Circuit Court. — Hon. J. O. Lamson, Judge. (1) The fireman, engineer, brakeman and conductor were f ellow servants, and Ithe conductor was not a vice-principal as to either the engineer or fireman. McGowan v. Railroad, 61 Mo. 528; Marshall v. Sticker, 68 Mo. 308; Shaub v. Railroad, 106 Mo. 75; Rutledge v. Railroad, 123 Mo. 121; Ryan v. McOulley, 123 Mo. 636; Sherrin v. Railroad, 103 Mo. 378; Moran v. Brown, 27 Mo. App. 487; Corbett v. Railroad, 26 Mo.
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Appeal from Newton Circuit Court. — Hon. J. O. Lamson, Judge. (1) The fireman, engineer, brakeman and conductor were f ellow servants, and Ithe conductor was not a vice-principal as to either the engineer or fireman. McGowan v. Railroad, 61 Mo. 528; Marshall v. Sticker, 68 Mo. 308; Shaub v. Railroad, 106 Mo. 75; Rutledge v. Railroad, 123 Mo. 121; Ryan v. McOulley, 123 Mo. 636; Sherrin v. Railroad, 103 Mo. 378; Moran v. Brown, 27 Mo. App. 487; Corbett v. Railroad, 26 Mo. App. 621; Railroad v. Petty, 67 Miss. 255; Henry v. Railroad, 49 Mich. 495; Murray v. Railroad, 1 McMullen, 385;…
1Opinion of the CourtMarshall, J.
The following opinion of Division No. One is hereby adopted as the opinion of the Court in Bane.
Gantt, O. J., Sherwood and Valliant, JJ., concur. Burgess and Bobinson, JJ., concur in the judgment of reversal, on the ground that the negligence of the engineer was the cause of the injury and. thait the engineer and fireman were *386fellow servants, but do not regard tbe “departmental doctrine” as involved in the case. Brace, J., dissents.
It is therefore ordered that the judgment of the circuit court be reversed.
IN DIVISION ONE.
MARSHALL,- J. — This is an adtion for damages for personal injuries…
2Cases cited36 opinions
- Baltimore & Ohio Railroad v. BaughSupreme Court of the United States · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Northern Pacific Railroad v. PetersonSupreme Court of the United States · 1896
- Northern Pacific Railroad v. HamblySupreme Court of the United States · 1894
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
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3Cited by36 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
31 more not listed; retrieve them via the Exa API.