Overton v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Mercer Circuit Court. — Hon. P. 0 Stepp, Judge. (1) They were fellow-servants, engaged in operating the railroad, under the decision in this State, and entitled to the protection of the Fellow-Servant Act. Rice v. Railroad, 92 Mo. App. 35; Callahan v. Railroad, 170 Mo. 473. (2) The negligent, act complained of was done by Ira Laughlin in the course of his employment.
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Appeal from Mercer Circuit Court. — Hon. P. 0 Stepp, Judge. (1) They were fellow-servants, engaged in operating the railroad, under the decision in this State, and entitled to the protection of the Fellow-Servant Act. Rice v. Railroad, 92 Mo. App. 35; Callahan v. Railroad, 170 Mo. 473. (2) The negligent, act complained of was done by Ira Laughlin in the course of his employment. This is properly alleged in the part of the petition quoted in paragraph one hereof, namely that they “were fellow-servants, both being then and there in the employ of defendant engaged in operating its railroad,”…
1Opinion of the Court
ELLISO.Nj J-
The plaintiff and one Laughlin were section hands on defendant’s railway and were riding on a handcar on defendant’s' track. They were fellow-servants in the employ of defendant. Plaintiff brought this action charging, in effect, that his fellow-servant carelessly permitted himself to be struck by the handlebar of the car, the blow of which threw him against plaintiff with such force as to knock him (plaintiff) off the car, wherehy he was injured. The trial court sustained a demurrer to the evidence given in plaintiff’s behalf and he has brought the case here.
The evidence…
2Cases cited6 opinions
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Cousins v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Walker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1894
- Stubbs v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1900
- Hartman v. MuehlebachMissouri Court of Appeals · 1896
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Hellriegel v. DunhamMissouri Court of Appeals · 1915
- Briscoe v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1908
- Salmon v. Chicago & Alton RailroadMissouri Court of Appeals · 1914
- Sartain v. Jefferson City Transit Co.Missouri Court of Appeals · 1914