Legal Opinion

McGinnis v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Missouri

Decided December 22, 1906PublishedCited by 97 opinions

Appeal from Clinton Circuit Court. — Now. A. D. Burnes, Judge. The appellant, the master, and French, the servant, being jointly sued for the alleged negligence of the servant, and the verdict and judgment being in favor of the servant, the appellant was thereby acquitted of liability.

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Appeal from Clinton Circuit Court. — Now. A. D. Burnes, Judge. The appellant, the master, and French, the servant, being jointly sued for the alleged negligence of the servant, and the verdict and judgment being in favor of the servant, the appellant was thereby acquitted of liability. And as such verdict and judgment also fiad against the appellant and adjudge it liable, such finding and judgment against the appellant are inconsistent, erroneous and unauthorized, and should be reversed. Deleplain v. Kansas City, 109 Mo. App. 107; State to use v. Coste, 36 Mo. 437; Henry v. Woods,-77 Mo. 277;…

1Opinion of the CourtGraves, J.

Action for personal injury. Suit was instituted against defendant, the Chicago, Rock Island and Pacific Railway Company, and two of its employees, Welsh and French. Upon close of plaintiff’s evidence the trial court sustained a demurrer to the evidence as to defendant Welsh, but overruled the demurrers of the other two defendants. After the evidence closed the case was submitted to the jury and'a verdict returned in favor of defendant French, but against the defendant company in the sum of $10,000. Upon this verdict judgment was rendered against defendant company for the said $10,000 and…

2Cases cited4 opinions

  1. Oceanic Steam Navigation Co. v. Compania Transatlantica EspanolaNew York Court of Appeals · 1892
  2. Doremus v. RootWashington Supreme Court · 1901
  3. New Orleans & Northeastern Railroad v. JopesSupreme Court of the United States · 1891
  4. Berkson v. Kansas City Cable Railway Co.Supreme Court of Missouri · 1898

3Cited by97 opinions

  1. Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
  2. Portland Gold Mining Co. v. Stratton's Independence, Ltd.Court of Appeals for the Eighth Circuit · 1907
  3. State Ex Rel. Badami v. GaertnerMissouri Court of Appeals · 1982
  4. Laughlin v. Boatmen's National BankSupreme Court of Missouri · 1945
  5. Southern Management Corp. v. TahaCourt of Appeals of Maryland · 2003

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