Swadley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Moniteau Circuit Court. — Hon. E. L„, Edwards, Judge. (1) ' Defendant’s' objection to the introduction of any evidence should have been sustained. The petition does not state a cause of action, for at least two reasons: First. It shows upon its face, that the servants running and operating the train which jumped the track and injured plaintiff, were fellow servants, with plaintiff. Summerbaysv. Railroad, 2 Col. 484;. Hotvv. Railroad, 8 Kan. 642; Rohbackv.
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Appeal from Moniteau Circuit Court. — Hon. E. L„, Edwards, Judge. (1) ' Defendant’s' objection to the introduction of any evidence should have been sustained. The petition does not state a cause of action, for at least two reasons: First. It shows upon its face, that the servants running and operating the train which jumped the track and injured plaintiff, were fellow servants, with plaintiff. Summerbaysv. Railroad, 2 Col. 484;. Hotvv. Railroad, 8 Kan. 642; Rohbackv. Railroad,43Mo.. 187; Whaaland v. Railroad, 8 Ohio St. 249; McGowan, v. Railroad, 52Mo. 372; Higginsv. Railroad, 104Mo. 413;…
1Opinion of the CourtBlack, P. J.
The plaintiff, a young man under the age of twenty-one years, prosecutes this suit by his next friend to recover damages for personal injuries. There is no dispute as to the following facts:
The plaintiff was one of a gang of -six or eight *273men, engaged in repairing the track of the defendant’s branch road from Tipton to Boonville, all under the control of David Reed, their foreman. On Saturday, the day of the accident, they were engaged in loading old rails on what is called the work train. They ceased work between ñve and six o’clock in the afternoon, a little earlier than usual, and went to…
2Cases cited3 opinions
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Stoher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
3Cited by24 opinions
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
- City of Emporia v. KowalskiSupreme Court of Kansas · 1903
- Link v. JacksonMissouri Court of Appeals · 1911
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