Stephens v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
.Appeal from Clay Circuit Court. — Row. Gr. W. Dunn, Judge. (1) Tlie objection to the introduction of any evidence under the first count should have been sustained. The plaintiff and the train men were fellow servants, and the plaintiff could not recover for the negligence of his fellow servants. Rollback v. Pacific Ry.
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.Appeal from Clay Circuit Court. — Row. Gr. W. Dunn, Judge. (1) Tlie objection to the introduction of any evidence under the first count should have been sustained. The plaintiff and the train men were fellow servants, and the plaintiff could not recover for the negligence of his fellow servants. Rollback v. Pacific Ry. Co., 43 Mo-187; McGowan v. St. Louis, etc., Railroad, 61 Mo. 528; Blessing v. St. Louis, K. C., etc., Railroad, 77 Mo. '410. Not only the evidence, but the pleadings must negative the presumption that all engaged in the same ■service are fellow servants. Summerbays n. Railroad…
1Opinion of the CourtBlack, J.
— This was a suit for personal damages sustained by the plaintiff while in the employ of the defendant, as track repairer. The first count of the petition attributes the injuries to the negligent manner of running a passenger train, and the second to the negligence of Rice, the foreman. Plaintiff was one of a gang of six laborers under Rice, their foreman. At the time of the accident, the men were at a curve in the road ballasting the track, which they did by breaking large stones distributed along the track for that purpose.
The plaintiff’s account of the matter is as follows : “When we saw…
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2Cases cited4 opinions
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Brothers v. CartterSupreme Court of Missouri · 1873
- Gormly v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Cook v. Hannibal & St. Joe. R. R.Supreme Court of Missouri · 1876
3Cited by14 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
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