O'Hare v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. E. M. Black, Judge. (1) A letter-press copy of a paper, being secondary evidence, is inadmissible in evidence. Chapen v. Siger, 4 McLean, 378 ; Foot v. Bently, 44 N. Y. 171; Ritchie v. Kinney, 46 Mo. 298; Blondeau, v. Sheridan, 81 Mo. 545. (2) A master, if otherwise without fault, is not responsible to a servant for the negligence of a fellow-servant.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. E. M. Black, Judge. (1) A letter-press copy of a paper, being secondary evidence, is inadmissible in evidence. Chapen v. Siger, 4 McLean, 378 ; Foot v. Bently, 44 N. Y. 171; Ritchie v. Kinney, 46 Mo. 298; Blondeau, v. Sheridan, 81 Mo. 545. (2) A master, if otherwise without fault, is not responsible to a servant for the negligence of a fellow-servant. Proctor v. Railroad, 64 Mo. 112; McDermont v. Railroad, 30 Mo. 115; Rohbeck v. Railroad, 43 Mo. 187; McGowan v. Railroad, 61 Mo. 528. (3) It is not the duty of a master to employ only those who have…
1Opinion of the CourtNobton, C. J.
Plaintiff recovered judgment for damages for personal injuries alleged to have been occasioned by the negligence of the defendant, from which judgment defendant has appealed.
The petition substantially sets forth as the cause of action, the following, viz. : That plaintiff was an employe of defendant as a yardman in Kansas City, and that, on the eighteenth of March, 1883, defendant was engaged in moving from its yard and depot in the western part of the city, a train containing an unusually large number of cars, and for that purpose was using an engine at the head of said train in pulling it,…
2Cases cited1 opinion
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
3Cited by7 opinions
- Tucker v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1908
- Clark v. ShrimskiMissouri Court of Appeals · 1898
- Chilton v. HalsteadMissouri Court of Appeals · 1910
- Hadley v. OrchardMissouri Court of Appeals · 1898
- Cathey v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
2 more not listed; retrieve them via the Exa API.