Gibler v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Knox Circuit Court. — Hon. Ohas. D. Stewart, Judge. (1) Plaintiff’s instruction one is erroneous, (a) In instruction number 1, the court declares that plaintiff was a passenger. He was riding free and the defendant was paying him for his services at the time he was upon the train. He worked in the forenoon, he worked that afternoon, he was an employee and not a passenger. He comes within the rule laid down by this court in St. Clair v. Bailroad, 122 Mo.
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Appeal from Knox Circuit Court. — Hon. Ohas. D. Stewart, Judge. (1) Plaintiff’s instruction one is erroneous, (a) In instruction number 1, the court declares that plaintiff was a passenger. He was riding free and the defendant was paying him for his services at the time he was upon the train. He worked in the forenoon, he worked that afternoon, he was an employee and not a passenger. He comes within the rule laid down by this court in St. Clair v. Bailroad, 122 Mo. App. 519. (b) Plaintiff charges specific acts of negligence, to-wit; The engineers ran the train recklessly, wantonly, carelessly…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiff on account of the alleged negligence of defendant. Plaintiff recovered and defendant appeals.
It appears plaintiff was one of a party of six engaged in defendant’s service as bridge carpenters. On the day of his injury, plaintiff, together with his companions, had been working adjacent to the city of Edina. Defendant had furnished the bridgemen three cars to be used in connection with their duties. One of these cars was an ordinary freight car containing bunks for sleeping purposes, cooking utensils, tables, chairs, etc., and was known as the…
2Cases cited25 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Blanton v. DolbSupreme Court of Missouri · 1891
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
20 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Maki v. Murray HospitalMontana Supreme Court · 1932
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Lukitsch v. St. Louis Public Service Co.Supreme Court of Missouri · 1952
- Evans v. Missouri Pacific RailroadSupreme Court of Missouri · 1938
- Missouri, Kansas & Texas Railway Co. v. ThomasCourt of Appeals of Texas · 1910
21 more not listed; retrieve them via the Exa API.