Hawkins v. Saint Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Lawrence County Circuit Court. — Eon. Carr McNatt, Judge. (1) The demurrer should have been sustained. Plaintiff was not entitled to go to the jury as to the first specification of negligence, i. e., the failure to properly light the roundhouse, because he assumed the risk of that negligence.
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Appeal from Lawrence County Circuit Court. — Eon. Carr McNatt, Judge. (1) The demurrer should have been sustained. Plaintiff was not entitled to go to the jury as to the first specification of negligence, i. e., the failure to properly light the roundhouse, because he assumed the risk of that negligence. This action is governed by the Act of Congress commonly called the Employer’s Liability Act, and by the rule of decision prevailing in the Federal courts with respect to the construction and operation thereof. Under that rule of decision, the servant assumes the risks arising out of a defect…
1Concurrence
SEPARATE CONCURRING OPINION.
STURGIS, J.
The principal ground of negligence relied on by plaintiff is the negligence of another employee in leaving a screw-jack where the plaintiff in the course of his work tripped over the same and fell to his injury. The other ground of negligence relied on in failing to have the place of the accident properly lighted is preventive, in its nature and would only enable the plaintiff to avoid the probable, and in this case the actual, consequence of the first act of negligence. The petition sets out this first act of negligence of another employee as causing…
2Cases cited10 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
- Evans v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
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