Devany v. Iron-Works
Missouri Court of Appeals
Appeal from St. Louis Circuit Court. An employer is not liable for damages to a servant, occasioned by the negligence of a co-servant while engaged in the same general employment. — McDermot v. Pacific R. Go., 30 • Mo. 115; Rollback v. Pacific R. Go., 43 Mo. 187; Gibson v. Pacific R. Go., 46 Mo. 163 ; Wigmore v. Jag, 5 Exch. 345. This rule is applicable in all cases alike, without regard to the degrees of subordination in which the defendant’s servants or agents may be…
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Appeal from St. Louis Circuit Court. An employer is not liable for damages to a servant, occasioned by the negligence of a co-servant while engaged in the same general employment. — McDermot v. Pacific R. Go., 30 • Mo. 115; Rollback v. Pacific R. Go., 43 Mo. 187; Gibson v. Pacific R. Go., 46 Mo. 163 ; Wigmore v. Jag, 5 Exch. 345. This rule is applicable in all cases alike, without regard to the degrees of subordination in which the defendant’s servants or agents may be placed with reference to each other, if the defendant be not negligent in their selection. — Harper v. Indianapolis & St.…
1Opinion of the CourtBaKEWEll, J.
This was an action to recover damages for an accident which occasioned the death of plaintiff’s husband. It appears from the evidence that deceased was in the employ of defendant, and was engaged, with other hands, under the superintendence of a foreman, in unloading one of several coke-barges lying in front of defendant’s iron-works, on the Mississippi River. The barge on which deceased was working was about ten feet deep, and, as the coke got low in the barge, it became necessary, and is always neces*238sary in unloading these barges, to erect a platform on to which the coke may be shovelled,…
2Cases cited2 opinions
- Gormly v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Whalen v. Centenary Church of the City of St. LouisSupreme Court of Missouri · 1876
3Cited by3 opinions
- Hoke v. St. Louis, Keokuk, & Northern Railway Co.Missouri Court of Appeals · 1882
- Reber v. TowerMissouri Court of Appeals · 1881
- Garrahy v. Kansas City, St. J. & C. B. R. Co.United States Circuit Court · 1885