Vannest v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Vernon Circuit Court. — Hon. B. G. Thurmond, Judge. (1) Under a'general employment, the master has the right to direct his employees to do any and all things within the scope thereof. He may entrust a servant to perform ordinary and simple duties incidental to his employment and resting on his knowledge and skill. Modlagl v. Iron & Foundry Co., 248 Mo. 587; Henson v. Stave Co., 151 Mo. App. 243; Cole v. Jones, 159 Mo.
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Appeal from Vernon Circuit Court. — Hon. B. G. Thurmond, Judge. (1) Under a'general employment, the master has the right to direct his employees to do any and all things within the scope thereof. He may entrust a servant to perform ordinary and simple duties incidental to his employment and resting on his knowledge and skill. Modlagl v. Iron & Foundry Co., 248 Mo. 587; Henson v. Stave Co., 151 Mo. App. 243; Cole v. Jones, 159 Mo. App. 472. (2) Negligence on the part oí a master cannot be presumed from tbe mere fact of an accident and an injury. The burden was on the plaintiff to prove…
1Opinion of the CourtTrimble, J.
Plaintiff alleged that while engaged in helping throw ties out of a box car, he was thrown to the ground by the negligence of an assisting employee and alighted upon his head, receiving serious injuries for which he prayed judgment. He recovered judgment for $2000 and defendant has appealed.
The box car had a door on each side. Both of these were open. Two men were throwing ties from one door, and plaintiff and one, Lucas, were throwing them from the other. The ties in the ends of the car were laid lengthwise thereof, but, between the ties thus piled in each end, there were other ties laid…
2Cases cited9 opinions
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Ramp v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1908
- Stubbs v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1900
- Stephens v. Deatherage Lumber Co.Missouri Court of Appeals · 1905
- Modlagl v. Kaysing Iron & Foundry Co.Supreme Court of Missouri · 1913
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3Cited by4 opinions
- Kakos v. ByramMontana Supreme Court · 1930
- Hellriegel v. DunhamMissouri Court of Appeals · 1915
- Pippin v. Will F. Plummer Construction Co.Missouri Court of Appeals · 1915
- Misenhelter v. Geronimo Lead & Zinc Co.Missouri Court of Appeals · 1917