Zumwalt v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Louisiana Court of Common Pleas. Hon. E. M. Hughes, Judge. The burden of proving incompetency of Miles and defendant’s knowledge thereof rested upon plaintiff. Huffman v. Railroad, 78 Mo. 50; Murphy v. Railroad, 71 Mo. 202; Wood on Master and Servant, p. 800, sec. 419; Sher. & Redf’d.
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Appeal from the Louisiana Court of Common Pleas. Hon. E. M. Hughes, Judge. The burden of proving incompetency of Miles and defendant’s knowledge thereof rested upon plaintiff. Huffman v. Railroad, 78 Mo. 50; Murphy v. Railroad, 71 Mo. 202; Wood on Master and Servant, p. 800, sec. 419; Sher. & Redf’d. Neg., sec. 99 ; Mass. v. Railroad, 49 Mo. 167. In the absence of actual notice that Miles was incompetent, it devolved upon plaintiff to prove that Miles’ habits of intemperance were so notorious that notice to defendant might be implied. Railroad v. Boyle, 18 Kan. 58 ; Oilman v. Railroad, 10…
1Opinion of the Court
. Thompson, J.,
delivered the opinion of the court.: This, was an action for damages for a personal in jury received by the plaintiff ■ while employed as a railway brakeman on á freight train of defendant. The plaintiff had a verdict and judgment in the sum of five hundred dollars. The defendant appeals and waives all exceptions except such as go to the right of the plaintiff to recover on the pleadings and evidence.
*664The negligence of the defendant upon which the ■plaintiff, in his petition, predicates his right of recovery is the “incompetency” of a fellow brakeman, which the plaintiff alleges…
2Cases cited4 opinions
- Shanny v. Androscoggin MillsSupreme Judicial Court of Maine · 1876
- Memphis & Charleston Railroad v. ThomasMississippi Supreme Court · 1875
- Lyon v. Detroit, Lansing & Lake Michigan RailroadMichigan Supreme Court · 1875
- Huffman v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by2 opinions
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1892
- Mason v. St. L. & S. F. Ry. Co.Missouri Court of Appeals · 1912