Legal Opinion

Hoke v. St. Louis, Keokuk & Northern Railway Co.

Supreme Court of Missouri

Decided October 15, 1885PublishedCited by 13 opinions

Appeal from St. Louis Court of Appeals. (1) The facts in evidence sustain the verdict. The plaintiff’s injuries were directly caused by the negligence of John Tracy whilst engaged in directing and controlling the business of the defendant, or a department thereof, and the defendant is, therefore, liable.

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Appeal from St. Louis Court of Appeals. (1) The facts in evidence sustain the verdict. The plaintiff’s injuries were directly caused by the negligence of John Tracy whilst engaged in directing and controlling the business of the defendant, or a department thereof, and the defendant is, therefore, liable. Brothers Carter, 52 Mo. 372; Qormly ■». Vulcan Co., 61 Mo. 492; McGowan v. Railroad, 61 Mo. 532; Dowling v. Allen, 74 Mo. 13; Malone v. Hathaway, 64 N. Y. 9. (2) Nor does it make any difference as to defendant’s liability that the negligence of the agent that occasioned the injury was the…

1Opinion of the CourtRay, J.

This was an. action, for damages for an injury alleged to have been done to plaintiff by defendant and its employes while engaged in loading a wrecked car upon a wrecking train of defendant. The action was commenced in the Lincoln circuit court, and afterwards transferred to that of St. Charles, where there was a verdict and judgment for plaintiff for ten thousand dollars, from which the defendant appealed to the St. Louis court of appeals, where the judgment of the circuit court was reversed and the cause remanded, from which the plaintiff appealed to this court.

The case is reported in 11…

2Cases cited2 opinions

  1. Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
  2. Hoke v. St. Louis, Keokuk, & Northern Railway Co.Missouri Court of Appeals · 1882

3Cited by13 opinions

  1. Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
  2. Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  3. Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
  4. Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
  5. Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902

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