Legal Opinion

Lee v. Detroit Bridge & Iron Works

Supreme Court of Missouri

Decided May 15, 1876PublishedCited by 8 opinions

Error to Buchanan Circuit Court. I. A master is not liable to his servants for injuries to them produced by the negligence of a fellow servant, unless the master has been negligent in the appointment of such negligent agent, or in retaining such servant after notice of his incompetency. (Whart. Negl., § 224, and cases cited ; Shearm. &Eedf. Negl., § 86, and cases cited.) II. The onus of proof of such negligence, or want of care, is on the plaintiff. (McDermott vs. Pac.

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Error to Buchanan Circuit Court. I. A master is not liable to his servants for injuries to them produced by the negligence of a fellow servant, unless the master has been negligent in the appointment of such negligent agent, or in retaining such servant after notice of his incompetency. (Whart. Negl., § 224, and cases cited ; Shearm. &Eedf. Negl., § 86, and cases cited.) II. The onus of proof of such negligence, or want of care, is on the plaintiff. (McDermott vs. Pac. E. E. Co., 30 Mo., 115 ; Eohback vs. Pac. E. E. Oo., 43' Mo., 187; Harper vs. Ind. & St. L. E. E. Co., 44 Mo., 488; Gibson…

1Opinion of the CourtNapton, Judge

This action was brought, under the 3rd section of our law concerning damages, to recover. $5,000 for the death of plain*566tiff’s husband, alleged to have been occasioned by the negligence of the defendant.

The petition alleges, that Lee was a day laborer in the employment of defendant; that in adjusting a lock frame, which supported the shaft and lock in the caisson of the pivot pier of the bridge across the river at St. Joseph, Lee was ordered by the assistant superintendent to assist; that the frame was carelessly and negligently swung upon a rolling dolly, and not properly secured ; that the…

2Cited by8 opinions

  1. Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
  2. Kean v. Detroit Copper & Brass Rolling MillsMichigan Supreme Court · 1887
  3. Marshall v. SchrickerSupreme Court of Missouri · 1876
  4. Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1905
  5. Kautz v. St. Louis Refrigerator Car Co.Missouri Court of Appeals · 1920

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