State Ex Rel. Duvall v. Ellison
Supreme Court of Missouri
Certiorari. (1) One who is a foreman and authorized to direct the work of a servant who is injured is a fellow servant as to acts not involving the exercise of his authority as foreman, and in doing an act- which is the work of a co-laborer with the injured servant, negligently, thereby causing the injury, does not render the master liable. McIntyre v. Tebbetts, 257 Mo. 157; Fogarty v. St. Louis Transfer Co., 180 Mo. 490; Stephens v. Lumber Co., 110 Mo.
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Certiorari. (1) One who is a foreman and authorized to direct the work of a servant who is injured is a fellow servant as to acts not involving the exercise of his authority as foreman, and in doing an act- which is the work of a co-laborer with the injured servant, negligently, thereby causing the injury, does not render the master liable. McIntyre v. Tebbetts, 257 Mo. 157; Fogarty v. St. Louis Transfer Co., 180 Mo. 490; Stephens v. Lumber Co., 110 Mo. App. 405. (2) The work in which plaintiff’s son and others and Blough, the alleged “straw boss,” were engaged was the clearing of stumps from…
1Opinion of the CourtWalker, C. J.
Certiorari to the Kansas City Court of Appeals to quash its record in Gibbs v. Duvall, 201 S. W. 605, alleged to contravene our ruling in McIntyre v. Tebbetts, 257 Mo. 117. In the original case the plaintiff, Lydia Gibbs, a widow, sued the defendant Duvall for the loss of services of her minor son and for expenses incident thereto on account of personal injuries inflicted upon him through the alleged negligence of the defendant. At the close of plaintiff’s direct presentation of the case the trial court sustained a demurrer to the evidence. Upon an appeal, to the Kansas City Court of Appeals…
2Cases cited19 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
14 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
- Zink v. Employers Mutual Liability Insurance Co. of WisconsinMissouri Court of Appeals · 1986
- Funk v. Fulton Iron Works Co.Supreme Court of Missouri · 1925
- Boston v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1928
- State Ex Rel. Kroger Grocery & Baking Co. v. HaidSupreme Court of Missouri · 1929
4 more not listed; retrieve them via the Exa API.