Gale v. Helmbacher Forge & Rolling Mill Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. - (1) The court erred in overruling the demurrer to the evidence, because the plaintiff and Joe Erschen, the millwright, were fellow-servants, (a) They were fellow-servants because engaged in a common employment under the same master working to accomplish the same common end, each having the same opportunity to observe the other and to report each other’s delinquencies to a common superior and neither…
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Appeal from St. Louis City Circuit Court. — Hon. Moses N. Sale, Judge. - (1) The court erred in overruling the demurrer to the evidence, because the plaintiff and Joe Erschen, the millwright, were fellow-servants, (a) They were fellow-servants because engaged in a common employment under the same master working to accomplish the same common end, each having the same opportunity to observe the other and to report each other’s delinquencies to a common superior and neither having power to discharge the other. Donnelly v. Cudahy Mfg. Co., 75 Pac. 1017; Railroad v. Kneirin, 152 111. 456;…
1Opinion of the CourtCaulfield, J.
(after stating the facts). — I. In support of its contention that the demurrer to the evidence should have been sustained, defendant first' asserts that Erschen was a fellow-servant of the plaintiff at the time of the latters injury. Whether he was a fellow-servant or a vice-principal was a question for the jury. [Radtke v. Basket & Box Co., 229 Mo. 1, 24, 129 S. W. 508.] The proof discloses that the master mechanic ordered plaintiff to work under Erschen and that on all repair jobs within his jurisdiction Erschen had exercised superintendence and control over the men working with him. In the…
2Cases cited20 opinions
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Fogarty v. St. Louis Transfer Co.Supreme Court of Missouri · 1904
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Herdler v. Buck's Stove & Range Co.Supreme Court of Missouri · 1896
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3Cited by3 opinions
- State Ex Rel. Duvall v. EllisonSupreme Court of Missouri · 1920
- Dales v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1912
- Hedrick v. KahmannMissouri Court of Appeals · 1913