Witham v. Delano
Missouri Court of Appeals
Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) Plaintiff was not a section hand, or track workman, of the defendant, hut an employee of an independent contractor who was invited to live in the bunk cars and use the track as a footpath at the place of the injury. Piad a right under the contract between the defendants receivers and Gframmitt & J ohnson to live in the bunk cars and use the track as a footpath.
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Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. (1) Plaintiff was not a section hand, or track workman, of the defendant, hut an employee of an independent contractor who was invited to live in the bunk cars and use the track as a footpath at the place of the injury. Piad a right under the contract between the defendants receivers and Gframmitt & J ohnson to live in the bunk cars and use the track as a footpath. And the defendants owed him the duty of. exercising ordinary care towards him. Chandler v. Railroad, 251 Mo. 604; Butler v. Railroad, 155 Mo. App. 296; Weaver v.…
1Opinion of the CourtJohnson, J.
This is an action for personal injuries alleged to have been caused by negligence of defendant in the operation of one of its passenger *680trains. A directed verdict was returned for defendant and plaintiff appealed. At the time of his injury which occurred about six o’clock p. m. September 1, 1913’, near the station of Benick, plaintiff, a common laborer, was in the service of independent contractors who were laying a new main track for defendant parallel to, and eight feet south of, the old main track. The work had progressed to the stage where the new track had been laid and for a week or…
2Cases cited11 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Porter v. R. J. Boyd Paving & Construction Co.Supreme Court of Missouri · 1908
- Rashall v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1913
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Scullin v. Wabash RailroadSupreme Court of Missouri · 1905
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3Cited by5 opinions
- George v. Mo. Pac. R.R. Co.Missouri Court of Appeals · 1923
- Evans v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1939
- Koukouris v. Union Pacific RailroadMissouri Court of Appeals · 1916
- Brightwell v. LuskMissouri Court of Appeals · 1916
- George v. Missouri Pacific RailroadMissouri Court of Appeals · 1923