Proctor v. Hann. & St. Joe. R. R.
Supreme Court of Missouri
Appeal from. Sullivan County Circuit Court. It is a well established principle of the common law, that the master is not liable to an employee for an injury produced by the negligence of a co-employee employed generally in the same business, provided the master has not been guilty of negligence in employing sueh negligent servant, or in retaining such servant after notice of his incompetency.
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Appeal from. Sullivan County Circuit Court. It is a well established principle of the common law, that the master is not liable to an employee for an injury produced by the negligence of a co-employee employed generally in the same business, provided the master has not been guilty of negligence in employing sueh negligent servant, or in retaining such servant after notice of his incompetency. (Priestley vs. Fowler, 3 M. & W. 1 ; Huichinson vs. The York, Newcastle & Berwick Railway Co., 5 Excheq. R. 843; Wigmore vs. Jay, Id. 354; Skip vs. Eastern Counties Railway Co., 24 Eng. L. & Eq. R. 396 ;…
1Opinion of the CourtNorton, Judge
This is an action instituted by plaintiff as the wife of Joseph Proctor, for the recovery of five thousand dollars damages, under the provisions of Wagn. Stat., 519, § 2.
The petition alleges that Joseph Proctor, who was the husband of plaintiff, was, on the 19th of March, 1878, in the employ of defendant as engineer, having the charge of an engine going west on defendant’s road, propelling a train of cars ; that on said day a locomotive engine, with a train of cars thereto attached, bound east, belonging to defendant and operated on its said road by the agents and servants of the defendant…
2Cases cited4 opinions
- Connor v. Chicago, Rock Island & Pacific R. R.Supreme Court of Missouri · 1875
- Noe v. PeopleIllinois Supreme Court · 1866
- Phillips v. State ex rel. SaundersSupreme Court of Georgia · 1854
- Commonwealth ex rel. Bridgewater School Directors v. Council of Montrose BoroughSupreme Court of Pennsylvania · 1866
3Cited by52 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Huston v. ScottSupreme Court of Oklahoma · 1908
- Hogsett v. HannaNew Mexico Supreme Court · 1936
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Merrill Railway & Lighting Co. v. City of MerrillWisconsin Supreme Court · 1903
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