Strottman v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Jefferson Circuit Court. — How. Frank B. Bearing, Judge. . (1) That the engineer, the conductor and the operator were fellow-servants, engaged in a common service, will appear from the decisions in the following cases: McDermott v. Bailroad, 30 Mo. 115; Bohback v. Bailroad, 43 Mo. 187; Gibson v. Eailroad, 46 Mo. 163; Brothers v. Carter, 52 Mo. 372; McGowan v. Eailroad, 61 Mo-. 528; Marshall v. Schricker, 63 Mo. 308; Smith v. Eailroad, 92 Mo. 359; Higgins v.…
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Appeal from Jefferson Circuit Court. — How. Frank B. Bearing, Judge. . (1) That the engineer, the conductor and the operator were fellow-servants, engaged in a common service, will appear from the decisions in the following cases: McDermott v. Bailroad, 30 Mo. 115; Bohback v. Bailroad, 43 Mo. 187; Gibson v. Eailroad, 46 Mo. 163; Brothers v. Carter, 52 Mo. 372; McGowan v. Eailroad, 61 Mo-. 528; Marshall v. Schricker, 63 Mo. 308; Smith v. Eailroad, 92 Mo. 359; Higgins v. Bail-road, 104 Mo. 413; Schaub v. Eailroad, 109 Mo. 74; Parker v. Eailroad, 109 Mo. 362; Valtz v. Eailroad, 85 HI. 500;…
1Concurrence
*259SEPARATE CONCURRING OPINION.
WOODSON, J.
— This case was first argued and submitted in Division No. 2, and it was by that court transferred to Court In Bane, where it was again argued and submitted, prior to. the time the writer became a member of this court. The cause fell to the lot of Burgess, J., and he wrote an opinion therein, in which Fox and Graves, JJ., concur; but Gantt, C. J., and Yalliant and Lamm, JJ., dissented therefrom. This equal division of the judges necessitated my taking an interest in the case. The case was argued In Banc at this January call of the docket.
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2Cases cited18 opinions
- Slater v. . JewettNew York Court of Appeals · 1881
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Lore v. American Manufacturing Co.Supreme Court of Missouri · 1901
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
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