McIntyre v. Tebbetts
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. George W. Shields, Judge (1) Defendants were not negligent. They had performed every duty which the law and the circumstances imposed upon them. Moore v. Railroad, 85 Mo. 588; Sehaub v. Railroad, 106 Mo. 87; Browning' v. Railroad, 124 Mo. 55; Card v. Eddy, 129 Mo. 510; Grattis v. Railroad, 153 Mo. 380; Jones v. Railroad, 178 Mo. 528; Livengood v. Lead Co., 179 Mo. 229; Edge v. Electric Ry.
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Appeal from St. Louis City Circuit Court. — Hon. George W. Shields, Judge (1) Defendants were not negligent. They had performed every duty which the law and the circumstances imposed upon them. Moore v. Railroad, 85 Mo. 588; Sehaub v. Railroad, 106 Mo. 87; Browning' v. Railroad, 124 Mo. 55; Card v. Eddy, 129 Mo. 510; Grattis v. Railroad, 153 Mo. 380; Jones v. Railroad, 178 Mo. 528; Livengood v. Lead Co., 179 Mo. 229; Edge v. Electric Ry. Co., 206 Mo. 471; Zellars v. Light Co., 92 Mo. App. 107; Railroad v. Baugh, 149 U. S. 368; Railroad v. Hambly, 154 U. S. 349; Railroad v. Keegan, 160 U. S.…
1DissentDissenting Opinion..walker, J.
I dissent from the conclusion reached in the majority opinion that Kuhr, the driver of the team, was not a vice-principal at the time plaintiff received the injuries which constitute the basis of. this action. So pronounced is Kuhr’s general relation *130as a vice-principal to plaintiff and the other employees that the St. Lonis Court of Appeals, in its statement of the facts, found it necessary to say when this case, was reviewed by that court, 140 Mo. App. 116, that: “Ruhr had command over the employees who assisted in loading and unloading the wagon and accompanied it from the warehouse or…
2Cases cited7 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- 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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