Gibson v. Pacific Railroad
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. I. The master is not liable to his servant for the acts of a fellow-servant, and the difference in grade of employment does not alter the rule. (Wilson v. Merry, 1 L. IJ. H. L., Sc., 326; Tarrant v. Webb, 37 Eng. L. & Eq. 281; Priestly v. Fowler, 3 M. & W. 1; Wigmore v. Jay, 5 Exch. 354 ; Hutchinson v. York, etc., R.R., 5 Exch. 343; Wiggett v. Fox et al., 36 Eng. L. & Eq. 486; 11 Exch. 832; Scott v. Mayor, etc., of Manchester, 38 Eng.
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Appeal from St. Louis Circuit Court. I. The master is not liable to his servant for the acts of a fellow-servant, and the difference in grade of employment does not alter the rule. (Wilson v. Merry, 1 L. IJ. H. L., Sc., 326; Tarrant v. Webb, 37 Eng. L. & Eq. 281; Priestly v. Fowler, 3 M. & W. 1; Wigmore v. Jay, 5 Exch. 354 ; Hutchinson v. York, etc., R.R., 5 Exch. 343; Wiggett v. Fox et al., 36 Eng. L. & Eq. 486; 11 Exch. 832; Scott v. Mayor, etc., of Manchester, 38 Eng. L._ & Eq. 477; Hard, Adm’r, v. Yerm. Car. R.R., 3 Yerm. 473 ; Walles v. S. E. R.R. Co., 3 Hurl. & Co. 102 ; Eaullcner v.…
1Opinion of the Court
WaGNBR, Judge;
delivered -the opinion of the court.
• This was an action for damages brought by the respondent, an employee of the appellant, a railroad company, against the company, on- account of injuries received through the negligence and carelessness of the company in using upon its road defective and dangerous machinery. The respondent was a brakesman on the road, and, as such, it was his duty to assist in coupling cars to form a train, and the case shows that he was a careful and prudent *167man. While acting under .orders of the conductor, the train was backing on a switch to take on an…
2Cases cited6 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Noyes v. SmithSupreme Court of Vermont · 1855
- Ryan v. . FowlerNew York Court of Appeals · 1862
- McDermott v. Pacific RailroadSupreme Court of Missouri · 1860
1 more not listed; retrieve them via the Exa API.
3Cited by74 opinions
- Hough v. Railway Co.Supreme Court of the United States · 1880
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Union Pac. Ry. Co. v. JarviCourt of Appeals for the Eighth Circuit · 1892
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Blanton v. DolbSupreme Court of Missouri · 1891
69 more not listed; retrieve them via the Exa API.