Fogarty v. St. Louis Transfer Co.
Supreme Court of Missouri
Appeal from Franklin Circuit Court. — Now. Jno. W. McElhmney, Judge. The court erred in refusing defendant’s instruction in the nature of a demurrer to the plaintiff’s evidence: Because such evidence showed that the injury was caused by the act of a fellow-servant, (a) It is the act, and not the rank, of Edwards which determines-whether he and Fogarty were fellow-servants at the time of the injury.
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Appeal from Franklin Circuit Court. — Now. Jno. W. McElhmney, Judge. The court erred in refusing defendant’s instruction in the nature of a demurrer to the plaintiff’s evidence: Because such evidence showed that the injury was caused by the act of a fellow-servant, (a) It is the act, and not the rank, of Edwards which determines-whether he and Fogarty were fellow-servants at the time of the injury. Wood on Master and Servant, p. 860; Harper v. Railroad, 47 Mo. 580; Lee v. Detroit Bridge and Iron Works, 62 Mo. 565; Marshall v. Schricker, 63 Mo. 311; Moore v. Eailroad, 85 Mo. 596; Schaub v.…
1Opinion of the CourtMabshall, J.
This is an action for twenty thousand dollars damages, for personal injuries received by the plaintiff, on April. 2, 1898, in East St. Louis, Illinois. The petition alleges that the plaintiff was in the employ of the defendant, and at the time of the accident was engaged in the work of the master; that one George Edwards was the defendant’s foreman and manager in East St. Louis, Illinois; that plaintiff was engaged in the work of the defendant in driving a wagon, loaded with heavy iron girders, and in the.attempt to back the wagon into the alley between tracks numbered 20 and 21, of the Big…
2Cases cited43 opinions
- Crispin v. . BabbittNew York Court of Appeals · 1880
- Offutt v. World's Columbian ExpositionIllinois Supreme Court · 1898
- Illinois Steel Co. v. SchymanowskiIllinois Supreme Court · 1896
- Detroit v. OsborneSupreme Court of the United States · 1890
- Chicago & Alton Railroad v. MayIllinois Supreme Court · 1883
38 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Burkard v. A. Leschen & Sons Rope Co.Supreme Court of Missouri · 1909
- Bender v. Kroger Grocery & Baking Co.Supreme Court of Missouri · 1925
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
33 more not listed; retrieve them via the Exa API.