Harper v. Indianapolis & St. Louis Railroad
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The proof was uniform that the company tolerated the practice of engineers, at switches and on side-trades, allowing their firemen to handle the locomotive only when the engineer deemed the fireman competent to do so. Even then the fireman was held responsible for th« train.
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Appeal from St. Louis Circuit Court. I. The proof was uniform that the company tolerated the practice of engineers, at switches and on side-trades, allowing their firemen to handle the locomotive only when the engineer deemed the fireman competent to do so. Even then the fireman was held responsible for th« train. (Talmadge, 41.) The instruction ignores the fact altogether, yet it is a most important fact; for if the engineer, Griffith, imprudently confided the locomotive to Blansfield, an inexperienced or unskillful person, it was negligence of Griffith, but for which the company can not be…
1Opinion of the CourtWagner, Judge
This case was here on a former occasion, and will be found reported in 44 Mo. 488. The action was for damages, and after it was sent back by this court for a re-trial, there was an amended petition and a verdict for the plaintiff. The amended petition states “that on the 9th day of July, 1867, plaintiff was in the employ of defendant as conductor of one of its construction trains running on said road; that on said day, while plaintiff was discharging his duties as conductor of said train, he was, without any carelessness or negligence on his part contributing thereto, but solely through the…
2Cases cited7 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Noyes v. SmithSupreme Court of Vermont · 1855
- Warner v. . Erie Railway Co.New York Court of Appeals · 1868
- Illinois Central Railroad v. JewellIllinois Supreme Court · 1867
- McDermott v. Pacific RailroadSupreme Court of Missouri · 1860
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3Cited by42 opinions
- Ohio & Mississippi R. W. Co. v. CollarnIndiana Supreme Court · 1881
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
- McFadin v. CatronSupreme Court of Missouri · 1894
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