Gayle v. Missouri Car & Foundry Co.
Supreme Court of Missouri
Appeal from St. Louis County Circuit Court.- — Row. John W. Booth, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s evidence in chief, and at the close of all the evidence, for the following reasons: (a) Because the plaintiff in this case brought his suit on the theory that he was working for the defendant as an independent contractor, and not as the servant of…
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Appeal from St. Louis County Circuit Court.- — Row. John W. Booth, Judge. (1) The court erred in refusing to give the instruction in the nature of a demurrer to the evidence offered by defendant at the close of plaintiff’s evidence in chief, and at the close of all the evidence, for the following reasons: (a) Because the plaintiff in this case brought his suit on the theory that he was working for the defendant as an independent contractor, and not as the servant of defendant. The evidence, however, shows that he was not an independent contractor, but a servant of defendant. It is…
1Opinion of the CourtGantt, P. J.
This is an appeal from a judgment of the circuit court of St. Louis county for five thousand dollars. The action was for damages caused by personal injuries alleged to have been sustained by plaintiff through the negligence of defendant in negligently running what was charged to be a transfer car, in its car works, suddenly and violently against a piece of timber, the end of which was projecting over its track, and which piece of timber plaintiff and others were bringing across said track to the shed in which plaintiff and his gang of workmen were framing box cars under a contract with…
2Cases cited16 opinions
- Powell v. Construction Co.Tennessee Supreme Court · 1890
- Clark's v. HannibalSupreme Court of Missouri · 1865
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Schneider v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Hilsdorf v. City of St. LouisSupreme Court of Missouri · 1869
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Davidson v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Mallory v. Louisiana Pure Ice & Supply Co.Supreme Court of Missouri · 1928
- Rutherford v. Tobin Quarries, Inc.Supreme Court of Missouri · 1935
- Barnes Ex Rel. Barnes v. Real Silk Hosiery MillsSupreme Court of Missouri · 1937
- EC Robinson Lumber Company v. LowreyMissouri Court of Appeals · 1955
29 more not listed; retrieve them via the Exa API.