Huffman v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. Notice of unfitness of an employe may be shown either by evidence tending to prove actual knowledge on the part of the employer of incompetency; or it may be shown that such unfitness was so general and patent, that not to take notice of it would be in itself evidence that the employer, if ignorant thereof, had not exercised due diligence in keeping himself advised as to the competency of his servant; but there…
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Appeal from Grundy Circuit Court. — Hon. Gr. D. Burgess, Judge. Notice of unfitness of an employe may be shown either by evidence tending to prove actual knowledge on the part of the employer of incompetency; or it may be shown that such unfitness was so general and patent, that not to take notice of it would be in itself evidence that the employer, if ignorant thereof, had not exercised due diligence in keeping himself advised as to the competency of his servant; but there was no such evidence in this case. The knowledge of the company need not be shown by direct or positive proof, but may…
1Opinion of the CourtSherwood, J.
Action by Nancy A. Huffman to recover damages on account of the death of her husband. It was averred in the petition that Huffman, a brakeman on a freight train, received injuries causing his death, by reason of the negligence of one Isaac T. Smith, an engineer m the employ of the defendant, in the management of a locomotive. It was also averred among other things : That the defendant failed and neglected to exercise proper care and diligence in employing said Smith to run its engines on its said road, and negligently retained him in its em*52ploy, as such, engineer, after his incompetency and…
2Cases cited1 opinion
- Wallace v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
3Cited by6 opinions
- First National Bank v. ChandlerSupreme Court of Alabama · 1905
- Kliefoth v. Northwestern Iron Co.Wisconsin Supreme Court · 1898
- Munoz v. American Car & Foundry Co.Missouri Court of Appeals · 1927
- Burns v. R. L. McDonald Manufacturing Co.Missouri Court of Appeals · 1923
- Zumwalt v. Chicago & Alton RailroadMissouri Court of Appeals · 1889
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