Edge v. Southwest Missouri Electric Railway Co.
Supreme Court of Missouri
Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) The court erred in admitting any evidence under the petition in this cause, (a) The Fellow-Servant Law of 1897 did not apply to' street railroads. Sams v. Railroad, 174 Mo. 53; Funk v. Railroad, 61 Minn. 436; Lundquist v. Railroad, 65 Minn. 387; Riley v. Galveston, 13 Tex. Civ.
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Appeal from Jasper Circuit Court. — Hon. Jos. D. Perkins, Judge. (1) The court erred in admitting any evidence under the petition in this cause, (a) The Fellow-Servant Law of 1897 did not apply to' street railroads. Sams v. Railroad, 174 Mo. 53; Funk v. Railroad, 61 Minn. 436; Lundquist v. Railroad, 65 Minn. 387; Riley v. Galveston, 13 Tex. Civ. App. 247. (b) Havens (car dispatcher or starter) and plaintiff were fellow-servants, and defendant is not liable for negligence (if any) of Havens. Railroad v. Dwyer, 57 111. App. 4401; Thompson v. Railroad (Indi.), 53 N. E. 462; Murray v. Railroad,…
1Opinion of the CourtBurgess, J.
This suit was brought in the circuit court of Jasper county by W. A. Edge against the defendant for the recovery of the sum of $25,000 for personal injuries received by him in jumping from a car, caused by the alleged negligence of defendant in permitting a collision to occur on its road between two of its cars.
For his cause of action, the plaintiff states that the defendant is now, and at all times hereinafter mentioned was, a corporation organized and doing business under the laws of the State of Missouri; that as such corporation, it is now, and at all times hereinafter mentioned was,…
2Cases cited25 opinions
- Booth v. . Boston and Albany R.R. Co.New York Court of Appeals · 1878
- Hunn v. Michigan Central RailroadMichigan Supreme Court · 1889
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
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3Cited by18 opinions
- Curt Peters and Cheri Peters v. Wady Industries, Inc., and Patrick TerrioSupreme Court of Missouri · 2016
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- State Ex Rel. Terminal Railroad v. FlynnSupreme Court of Missouri · 1953
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
13 more not listed; retrieve them via the Exa API.