Twohey v. Fruin
Supreme Court of Missouri
Appeal from Sé. Louis City Circuit Court. — Hon. Elmer 13. Adams, Judge.J (1) The circuit court erred in taking the case from the jury. The evidence of plaintiff tends to sustain the cause of action alleged in the petition. (2) If it be held that, as to this case, White was a fellow-servant with plaintiff, there was evidence tending to show that he was ignorant and incompetent for the work of blasting assigned him, and in doing which he hurt the plaintiff.
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Appeal from Sé. Louis City Circuit Court. — Hon. Elmer 13. Adams, Judge.J (1) The circuit court erred in taking the case from the jury. The evidence of plaintiff tends to sustain the cause of action alleged in the petition. (2) If it be held that, as to this case, White was a fellow-servant with plaintiff, there was evidence tending to show that he was ignorant and incompetent for the work of blasting assigned him, and in doing which he hurt the plaintiff. The fact, well established by the evidence, that White was, and for a long time had been, in the habit of placing giant powder over a fire…
1Opinion of the CourtRat, J.
This is an action to recover damages for personal injuries alleged to have been sustained by plaintiff in consequence of the negligence of defendants.
For cause of action the petition alleges that defendants were engaged in the work of excavating a certain cut on the line of the Missouri Pacific railway in St. Louis county ; that one Alexander White was the agent and foreman of the defendants, having charge of the men in their employ, in digging and blasting earth and stone along the cut; that plaintiff was one of the men working in said cut and under the control of said foreman, and that…
2Cases cited4 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Wilson v. Board of EducationSupreme Court of Missouri · 1876
- Callahan v. WarneSupreme Court of Missouri · 1867
- Charles v. PatchSupreme Court of Missouri · 1885
3Cited by11 opinions
- Kinlen v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Lange v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1907
- Henry v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Weigman v. St. Louis, Iron Mountain & Southern RailwaySupreme Court of Missouri · 1909
- Connolly v. St. Joseph Press Printing Co.Supreme Court of Missouri · 1902
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