Browning v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Mercer Circuit Court.— Hon. George W. Wmmemalter, Judge. (1) The charge of negligence cannot he sustained by the act of the boss in bearing down on the bar, because it was not such an act as would naturally occur to a prudent person as likely to cause injury. First, it was not to be looked for that the bar would slip off the head of the bolt, and second, even if it did, it was not expected that it.would injure either of the parties bearing down on it.
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Appeal from Mercer Circuit Court.— Hon. George W. Wmmemalter, Judge. (1) The charge of negligence cannot he sustained by the act of the boss in bearing down on the bar, because it was not such an act as would naturally occur to a prudent person as likely to cause injury. First, it was not to be looked for that the bar would slip off the head of the bolt, and second, even if it did, it was not expected that it.would injure either of the parties bearing down on it. Hysell v. Swift, 78 Mo. App. 39; Hubbell v. Yonkers, 104 N. Y. —, 58 Am. Rep. 522; 1 Labatt on Master and Servant, page 303; Nolan…
1Opinion of the Court
BROADDUS, P. J. —
This is a suit for damages claimed as the result of an injury to the plaintiff caused by the negligence of defendant, while in its employ. The facts were, that on the 15th day of May, 1905, while the plaintiff with other employees of defendant under the section boss were engaged in repairing defendant’s railroad tracks, he was injured -while tightening up the bolts that fastened together angle bars with the ends of the rails between them. These bolts became loose as the result of jar caused by the constant passing of trains over the rails.
At the time plaintiff and a fellow…
2Cases cited6 opinions
- Hysell v. Swift & Co.Missouri Court of Appeals · 1899
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Moore v. Kansas City, Ft. Scott & Memphis Railway Co.Supreme Court of Missouri · 1898
- Fulkerson v. MurdockMissouri Court of Appeals · 1893
- Miller v. St. Louis RailroadMissouri Court of Appeals · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Summers v. KellerMissouri Court of Appeals · 1911
- Dickson v. DinsmoreSupreme Court of Alabama · 1929
- Morgan v. Temagami Mining Co.Missouri Court of Appeals · 1909
- Cox v. PolkMissouri Court of Appeals · 1909