Miller v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court. — Hon. C. "W. Sloan, Judge. . (1) The demurrer to the evidence should have b en sustained. The engineer, fireman and conductor •of the work train were fellow-servants with Miller, and, if it be true that he was injured through the negligence of any one of these, it was the negligence of a fellow-servant, for which the defendant is not liable. Higgins v. Railroad, 104 Mo. 413; Schaub v. Railroad, 16 S. W. Rep. 924; Corbet v. Railroad, 26 Mo.
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Appeal from Johnson Circuit Court. — Hon. C. "W. Sloan, Judge. . (1) The demurrer to the evidence should have b en sustained. The engineer, fireman and conductor •of the work train were fellow-servants with Miller, and, if it be true that he was injured through the negligence of any one of these, it was the negligence of a fellow-servant, for which the defendant is not liable. Higgins v. Railroad, 104 Mo. 413; Schaub v. Railroad, 16 S. W. Rep. 924; Corbet v. Railroad, 26 Mo. App. 621; Murray v. Railroad, 98 Mo. 573; Sherrin v. Railroad, 103 Mo. 378; Harrison v. Railroad, 41 Am. & Eng. R. R.…
1Opinion of the CourtBlack, J.
The plaintiff, the widow of Joshua Miller, brought this suit to recover damages for the *354death of her husband who was killed while at work for the defendant on its road at a point between 'Warrens-burg and Montserrat.
The deceased was one of a gang of thirty men, all under the direction and control of Fitzgerald who was their foreman. Fitzgerald and his gang of men were at work raising and ballasting the main track. A gravel train composed of some thirty loaded cars arrived at the place where the men were at work in the afternoon, and it became their duty to unload the same. This was…
2Cases cited17 opinions
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
12 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
34 more not listed; retrieve them via the Exa API.