Orendorff v. Terminal Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — No». Matt. G. Reynolds, Judge. Tb'e plaintiff was a fellow-servant with the other men working with him and around him, in loading* and unloading* the cars. If he was injured by the negligence of anyone, it was the negligence of a fellow-servant.
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Appeal from St. Louis City Circuit Court. — No». Matt. G. Reynolds, Judge. Tb'e plaintiff was a fellow-servant with the other men working with him and around him, in loading* and unloading* the cars. If he was injured by the negligence of anyone, it was the negligence of a fellow-servant. The plaintiff is not under the protection of the statute in this State which enables employees to recover from railroad companies on account of the negligence of fellow-servants, because that statute limits such right to those who are hurt while they themselves are engaged in operating the railroad. Sec.…
1Opinion of the CourtBland, P. J.
(after stating the facts)). — 1. At the close of plaintiff’s evidence and again at the close of all the evidence, defendant offered an instruction in the nature of a demurrer to the evidence. The refusal of the court to grant this instruction is assigned as error. That the plaintiff and the employees operating the engine were fellow-servants, is conceded, and plaintiff should have been nonsuited unless he was a servant engaged in Ihe operation of defendant’s railroad, within the meaning of section 2873, R. S. 1899, which provides.
“That every railroad corporation owning or operating a railroad…
2Cases cited7 opinions
- Chicago, Kansas & Western Railroad v. PontiusSupreme Court of the United States · 1895
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Missouri Pacific Railway Co. v. HaleySupreme Court of Kansas · 1881
- Sams v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Atchison, Topeka & Santa Fé Railroad v. KoehlerSupreme Court of Kansas · 1887
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3Cited by12 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. IngramSupreme Court of Arkansas · 1915
- Peters v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Huston v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1908
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Gunn v. Minneapolis, St. Paul, & Sault Ste. Marie Railway Co.North Dakota Supreme Court · 1916
7 more not listed; retrieve them via the Exa API.