Legal Opinion

Borden v. Falk Co.

Missouri Court of Appeals

Decided January 5, 1903PublishedCited by 4 opinions

Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. , (1) The finding should have been for the defendant under the evidence. (2) The court erred in giving instruction No. 1 for the plaintiff. It concluded with a peremptory instruction to find for the plaintiff upon the facts contained in it and wholly ignored all the defense. This was erroneous. Corder v. Primm, 60 Mo. App. 426; Linn v. Massilon, 78 Mo. App.

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Appeal from Jackson Circuit Court. — Ho». James Gibson, Judge. , (1) The finding should have been for the defendant under the evidence. (2) The court erred in giving instruction No. 1 for the plaintiff. It concluded with a peremptory instruction to find for the plaintiff upon the facts contained in it and wholly ignored all the defense. This was erroneous. Corder v. Primm, 60 Mo. App. 426; Linn v. Massilon, 78 Mo. App. Ill; McMahon v. Express Co., 132 Mo. 641; Goetz v. Eailroad, 50 Mo. 472. (3) The foreman became a fellow-servant of the plaintiff in taking the teamster’s place. Lee v.…

1Opinion of the CourtSmith, P. J.

— This is an action to recover damages for personal injuries. It appears from the record before us that the defendant is a business corporation engaged in street railway construction and that the plaintiff was a common laborer in its employ at the time he was injured.

The defendant in carrying on its business of street railway construction was represented by a superintendent and foreman. It had in use a bending machine which set upon four wheels and had a tongue about four *568feet long, and which, machine it desired to move. In order to do this it was necessary to fasten the tongue by a chain to…

2Cases cited5 opinions

  1. Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
  2. Sawyer v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1866
  3. Hoke v. St. Louis, Keokuk & Northern Railway Co.Supreme Court of Missouri · 1885
  4. Griffith v. ConwayMissouri Court of Appeals · 1891
  5. Evans Garden Cultivator Co. v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1896

3Cited by4 opinions

  1. Kirkland v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1919
  2. Lloyd v. Alton Railroad Co.Supreme Court of Missouri · 1941
  3. Wallower v. City of Webb CityMissouri Court of Appeals · 1913
  4. Scanlan v. GulickSupreme Court of Missouri · 1906

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