Fogus v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Louisiana Court of Common Pleas. Hon. E. M. Hughes, Judge. Defendant’s demurrer to the evidence should have-been sustained. The evidence fails to disclose such facts — directly or inferentially — as entitle respondent to recover. A servant of mature years, especially if he be experienced in the work in which he is engaged,, assumes all risks incident thereto.
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Appeal from the Louisiana Court of Common Pleas. Hon. E. M. Hughes, Judge. Defendant’s demurrer to the evidence should have-been sustained. The evidence fails to disclose such facts — directly or inferentially — as entitle respondent to recover. A servant of mature years, especially if he be experienced in the work in which he is engaged,, assumes all risks incident thereto. Cummings v. Collins, 61 Mo. 520; Smith v. Railroad, 69 Mo. 32; Steffen v. Meyer, 96 Mo. 420; Railroad v. Barber, 5 Ohio St. 78; Wood on Master & Servant, secs. 335, 375; Goins, v. Railroad, 37 Mo. App. 221, and…
1Opinion of the CourtThompson, J.
— This was an action by an employe-against his employer to recover damages for personal injuries on the theory of negligence. The plaintiff had a verdict and judgment in $2,000, the sum demanded in his petition, and the defendant prosecutes this, appeal.
The petition alleges that on March 24, 1890, and for a long time prior thereto, he was an employe of the defendant in what is known as the waterworks and pump-repairing department; that in connection with said department, and as a part thereof, the defendant was engaged in crushing rock; that plaintiff in the employment in which he was engaged…
2Cases cited3 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Wolff v. WardSupreme Court of Missouri · 1891
3Cited by13 opinions
- Haviland v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1903
- Adolff v. Columbia Pretzel & Baking Co.Missouri Court of Appeals · 1903
- Hunter v. Busy Bee Candy Co.Supreme Court of Missouri · 1925
- Rahm v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1908
- Mason v. PenningtonMissouri Court of Appeals · 1893
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