Callicotte v. Chicago, Milwaukee & St. Paul Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The court erred in refusing to give defendant’s peremptory instruction. The action is brought under the Federal Employers’ Liability Act, which regards negligence as the basis of the duty to make compensation and excludes the existence of such a duty in the absence of negligence. Erie Railroad Co. v. Winfield, 37 Snp. Court Rep. 556; N. Y. C. Railroad Co. y. Winfield, 244 U. S. 151; Seaboard Air Line y.
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Appeal from Buchanan Circuit Court. — Hon. Thomas B. Allen, Judge. (1) The court erred in refusing to give defendant’s peremptory instruction. The action is brought under the Federal Employers’ Liability Act, which regards negligence as the basis of the duty to make compensation and excludes the existence of such a duty in the absence of negligence. Erie Railroad Co. v. Winfield, 37 Snp. Court Rep. 556; N. Y. C. Railroad Co. y. Winfield, 244 U. S. 151; Seaboard Air Line y. Horton, 233 U. S. 492; So. Ry. Co. v. Gray, 241 U. S. 333; Hogan v. N. Y. C. Ry. Co., 223 F'ed. 890. The defect must be…
1Opinion of the CourtBlair, J.
Respondent recovered judgment for $18,000 in an action for damages for personal injuries. This appeal followed.
It is. undisputed that the appellant was engaged and respondent employed in interstate commerce at the time of the injury. The evidence tends to show respondent, in the course of duty, attempted to descend from one of appellant’s cars and fell from its top by reason of the giving way of a handhold on the car at the top of the ladder he was about to use; that the lag screw designed to secure one end. of the handhold was partly rusted through or cracked one-half inch below the surface…
2Cases cited2 opinions
- Minneapolis & St. Louis Railroad v. GotschallSupreme Court of the United States · 1917
- St. Joseph & Grand Island Railway Co. v. MooreSupreme Court of the United States · 1917
3Cited by18 opinions
- Chicago, R. I. & P. Ry. Co. v. CallicotteCourt of Appeals for the Eighth Circuit · 1920
- Wolfe v. PayneSupreme Court of Missouri · 1922
- Lindquist v. Kansas City Public Service Co.Supreme Court of Missouri · 1943
- Mitchell v. Wabash Railway Co.Supreme Court of Missouri · 1934
- Henry v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Supreme Court of Missouri · 1933
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