Coontz v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Cowrt. — Hew. E. M. Hughes, Judge. (1) The 'court below erred in refusing to give defendant’s instruction, in the nature of a demurrer to plaintiff’s evidence, at the close of his case. If the engineer negligently performed this duty, it was the negligence of a fellow servant of plaintiff, and he can not recover. McKinney on Fellow Servants, p. 282; Ragsdale v. Railroad, 62 Tenn. 426; Railroad v. Martin, 17 Am. and Eng.
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Appeal from St. Charles Circuit Cowrt. — Hew. E. M. Hughes, Judge. (1) The 'court below erred in refusing to give defendant’s instruction, in the nature of a demurrer to plaintiff’s evidence, at the close of his case. If the engineer negligently performed this duty, it was the negligence of a fellow servant of plaintiff, and he can not recover. McKinney on Fellow Servants, p. 282; Ragsdale v. Railroad, 62 Tenn. 426; Railroad v. Martin, 17 Am. and Eng. R. R. Oases, 592; McDonald v. Railroad, 18 N. Y. S. (Sup.) Rep. 609; Dodge v. Railroad, 29 N. E. Rep. 1086; Riggins v. Railroad, 104 Mo. 413;…
1Opinion of the CourtBlack, P. J.
This is an action for personal damages. The pleadings are the same as they were when the case was here on a former appeal (115 Mo. 669), with the exception that the petition was amended so as to admit evidence of loss of earnings. The case was submitted to the jury on the last trial on these issues: whether the wheel of the engine tender was cracked so as to render it unfit for use, and whether the defendant knew, or by the exercise of ordinary care might have known, of the unsafe condition of the wheel in time to have repaired it, and thereby avoided the injury. All other issues tendered by…
2Cases cited8 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Gutridge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by5 opinions
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Huth v. DohleMissouri Court of Appeals · 1898
- Poindexter v. Benedict Paper Co.Missouri Court of Appeals · 1900
- Card v. EddySupreme Court of Missouri · 1895
- Deckerd v. Wabash RailroadMissouri Court of Appeals · 1905