Garven v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». James Gibson, Judge. (1) The master is not liable to á third person for the negligence of a servant over whom the master has no power of control or direction when the act complained of was performed.
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Appeal from Jackson Circuit Court. — No». James Gibson, Judge. (1) The master is not liable to á third person for the negligence of a servant over whom the master has no power of control or direction when the act complained of was performed. Therefore it was error to refuse the demurrer to the evidence, and defendant's instruction number 1. Smith v. Railroad, 85 Mo. 418; Hilsdorf v. St. Louis, 45 Mo. 98; 1 Parsons on Contracts, 102; Cooley on Torts, p. 532; Wood on Master and Servant, p. 620; Town of Paulet v. Railroad, 28 Yt. 297; Miller v. Railroad, 76 Iowa 655; Atwood v. Railroad, 72 Fed.…
1Opinion of the CourtEllison, J.
The plaintiff was a fireman in the employ of the Chicago & Alton Railway Company’ and while on one of its engines running on the tracks of another road, viz., the Union Pacific Railway Company, it collided with one of defendant’s trains then being run over the Union Pacific track whereby plaintiff was seriously injured. The plaintiff prevailed in the trial court.
The evidence disclosed that the defendant run its trains west out of Kansas City, Missouri, over the tracks of the Union Pacific Railway Company under a contract between them; and that the engine on which plaintiff was riding was a…
2Cases cited10 opinions
- Byrne v. Kansas City, Ft. S. & M. R.Court of Appeals for the Sixth Circuit · 1894
- Brady v. Chicago & G. W. Ry. Co.Court of Appeals for the Eighth Circuit · 1902
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
5 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Billing v. Southern Pacific Co.California Supreme Court · 1922
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
- Camerom Mill and Elevator Co. v. AndersonCourt of Appeals of Texas · 1903
- Arnold v. City of MaryvilleMissouri Court of Appeals · 1905
- Burke v. Shaw Transfer Co.Missouri Court of Appeals · 1922
9 more not listed; retrieve them via the Exa API.