Stocks v. St. Louis Transit Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. The demurrer to the plaintiff’s evidence should have been sustained (1), because the plaintiff and the motorman were fellow-servants, and the Revised Statutes 1899, sec. 2873, do .not apply to street railways. 1 Elliott on Railroads, sec. 4; Elliott on Roads and Streets, pp. 557-558; Bloxham v. Railroad, 36 Fla. 539, 18 South. 446, 29 L. R. A. 209; Railroad v. Railroad, 2 Duv.
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Appeal from St. Louis City Circuit Court. — Row. Warwick Hough, Judge. The demurrer to the plaintiff’s evidence should have been sustained (1), because the plaintiff and the motorman were fellow-servants, and the Revised Statutes 1899, sec. 2873, do .not apply to street railways. 1 Elliott on Railroads, sec. 4; Elliott on Roads and Streets, pp. 557-558; Bloxham v. Railroad, 36 Fla. 539, 18 South. 446, 29 L. R. A. 209; Railroad v. Railroad, 2 Duv. (By.) 175; Gyger v. Railroad, 136 Pa. St. 96, 20 Atl. 399; Trust Co. v. State, 35 S. E. 223; Foote & Everett Inc. Cos., 698, note; Ellington v.…
1Opinion of the CourtGoode, J.
-This plaintiff was hurt while be was employed by tbe defendant as conductor on one of its trolley cars. He alleges in bis petition, and bis evidence tends to prove, that tbe injury be received was caused by tbe negligence of a motorneer operating another trolley ear; not by any negligence of tbe defendant company in tbe discharge of duties wbicb can not be delegated to employees; therefore, tbe decisive question in tbe case is whether tbe plaintiff and said motorneer were fellow-servants. If they were, the defendant is not liable; for tbe Supreme Court has decided' that tbe fel*132low-servant…
2Cases cited11 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
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3Cited by5 opinions
- Grim v. Olympia Light & Power Co.Washington Supreme Court · 1906
- Hughes v. Indiana Union Traction Co.Indiana Court of Appeals · 1914
- Indiana Union Traction Co. v. LongIndiana Supreme Court · 1911
- Forton v. Crosstown Street Railway Co.New York Supreme Court · 1909
- Houts v. St. Louis Transit Co.Missouri Court of Appeals · 1904