Enloe v. American Car & Foundry Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Mon. Eugene McQuillin, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence. The plaintiff was working on a track where cars were liable to be moved at any time.
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Appeal from St. Louis City Circuit Court. — Mon. Eugene McQuillin, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence. The plaintiff was working on a track where cars were liable to be moved at any time. We invoke the same rule that has been frequently applied in cases where section hands or others, even including persons who were not employees, were injured while working upon or adjacent to a railroad or street car track and allowed themselves to become absorbed in their work so that they did not notice the approach of trains or cars. In such cases the courts…
1Opinion of the Court
BOND, C.
The defendant maintains large grounds and enclosures for building cars for railway purposes, arid in them has placed a “body shed” containing two railroad tracks upon which incomplete cars are moved and left so that work and labor can be done on them by employees. Plaintiff was engaged prior to January 31,1908, to do certain carpentry work on such cars as defendant should place on the tracks laid in this shed. At that time three cars were standing on *447one of these tracks, extending north and south and while plaintiff was affixing timbers (deadwood) to one of said cars, and was standing…
2Cases cited2 opinions
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
3Cited by9 opinions
- Graczak v. City of St. LouisSupreme Court of Missouri · 1947
- Gettys v. American Car & Foundry Co.Supreme Court of Missouri · 1929
- Timmermann v. St. Louis Architectural Iron Co.Supreme Court of Missouri · 1927
- Cardinale Ex Rel. Cardinale v. KempSupreme Court of Missouri · 1925
- State Ex Rel. John Hancock Mutual Life Insurance v. AllenSupreme Court of Missouri · 1926
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