Hall v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. A. J. Seay, Judge. Plaintiff relied for recovery on the case of Lewis v. R. R. Co., 59 Mo. 495. The decision in that case, when made, was in conflict with the decisions of this and other states, and ought now to be overruled or so modified as to harmonize with the legal principles governing the universal lawT of master and servant.
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Appeal from Osage Circuit Court. — Hon. A. J. Seay, Judge. Plaintiff relied for recovery on the case of Lewis v. R. R. Co., 59 Mo. 495. The decision in that case, when made, was in conflict with the decisions of this and other states, and ought now to be overruled or so modified as to harmonize with the legal principles governing the universal lawT of master and servant. The plaintiff and the track-men are fellow-servants, and by this contract the former assumed all the ordinary risks incident to their co-employment by a common master. Cooley on Torts, p. 545; Strange v. McCormick, 1 Phil.…
1Opinion of the CourtHenry, J.
This action was instituted by plaintiff for damages for an injury received by him while in the servies of defendant as a switchman, in consequence, he alleges, of the negligence and carelessness of defendant in permitting a loose iron rail to lie upon the path plaintiff had to pursue in the discharge of his duty as switchman, and by reason of which, while so employed, he was thrown down an embankment and injured. The accident occurred at Chamois at night. At that station there are six or seven tracks, and in switching cars from one track to another the switchman has to get off and adjust the…
2Cases cited5 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Long v. Pacific RailroadSupreme Court of Missouri · 1877
3Cited by33 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Berberet v. Electric Park Amusement Co.Supreme Court of Missouri · 1928
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