Jones v. St. Louis Southwestern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. (1) The plaintiff was at the time of the injury a. servant of the defendant. First. The general servant' of one person may, for a time or on a particular occasion, become the servant of another by submitting himself, either expressly or impliedly, to the control and direction of the other. Morgan v. Smith, 35 N. E. Eep. (Mass.) 101: Hasty v. Sears, 31 N. E. Eep. (Mass.) 759; Johnson v. Lindsay, L. E. App. Cas.
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Appeal from St. Louis City Circuit Court. (1) The plaintiff was at the time of the injury a. servant of the defendant. First. The general servant' of one person may, for a time or on a particular occasion, become the servant of another by submitting himself, either expressly or impliedly, to the control and direction of the other. Morgan v. Smith, 35 N. E. Eep. (Mass.) 101: Hasty v. Sears, 31 N. E. Eep. (Mass.) 759; Johnson v. Lindsay, L. E. App. Cas. (1891) 371; Rourke v. Colliery Go., L. E. 2 C. P. Div. 205; McDowell v. Co., 28 N. T. Supp. 821; Wyllie v. Palmer, 33 N. E. Rep. (N. Y.) 381;…
1Opinion of the CourtMacfarlane, J.
Action for personal injury on account of negligence. I adopt, in substance, the very fair and succinct statement of counsel for appellant.
“Plaintiff, at the time of the injury complained of, was in the general employment of the Pullman’s Palace Car Company, as a car porter, by virtue of a contract between him and the said company, by which, among other things, it was stipulated that in consideration of said employment he undertook and bound himself ‘to obey all rules and regulations of the transportation companies made for the government of their own employees over whose lines the said…
2Cases cited8 opinions
- Pennsylvania Co. v. RoySupreme Court of the United States · 1880
- Mellor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Brown v. KellySupreme Court of Georgia · 1890
- Carroll v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Graham v. Pacific RailroadSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Powell v. Union Pacific RailroadSupreme Court of Missouri · 1914
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
- Russell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
13 more not listed; retrieve them via the Exa API.