Bokamp v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Louisiana Court of Common Pleas. — Hon. David H. Ely, Judge. The proximate cause of plaintiff’s injury was the slipping of the crowbar in the hands of Walter Dent, plaintiff’s fellow-servant, for whose negligence the defendant is not liable to plaintiff. (1) This cause of action accrued in the State of Illinois. In that State the common-law rule obtains as to the liability of an employer to an employee for the negligence of the latter’s fellow-servant.
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Appeal from Louisiana Court of Common Pleas. — Hon. David H. Ely, Judge. The proximate cause of plaintiff’s injury was the slipping of the crowbar in the hands of Walter Dent, plaintiff’s fellow-servant, for whose negligence the defendant is not liable to plaintiff. (1) This cause of action accrued in the State of Illinois. In that State the common-law rule obtains as to the liability of an employer to an employee for the negligence of the latter’s fellow-servant. Gall v. Beckstein, 173 Ill. 187; Fogarty v. Transfer Co., 180 Mo. 490. As to a “working foreman” the dual doctrine, so-called,…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. Defendant contends that as the evidence shows Dent was “a working foreman” and was working as a laborer when plaintiff was injured, under the laws of Illinois, he and plaintiff were fellow-servants, and for this reason defendant is not liable for Dent’s negligence, which the evidence show's caused the injury to plaintiff.
In Gall v. Beckstein, 173 Ill. 187, approving Beck-stein v. Gall, 69 111. App. 616, it was ruled: “A foreman who was assisting another servant of the master in lifting barrels of salt from a wagon, is, with respect to that employment, a…
2Cases cited18 opinions
- Milwaukee & Saint Paul Railway Co. v. KelloggSupreme Court of the United States · 1877
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Goldie v. WernerIllinois Supreme Court · 1894
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Ely v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
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3Cited by4 opinions
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Lyman v. DaleMissouri Court of Appeals · 1911
- Holman v. E. E. Souther Iron Co.Missouri Court of Appeals · 1911
- Clonts v. Laclede Gas Light Co.Missouri Court of Appeals · 1911