Mack v. Chicago, Rock Island & Pacific Railway Co.
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) Juries must necessarily determine the responsibility of individual conduct, but they cannot be allowed to set up a standard which shall in effect dictate the customs or control the business of the community. Chrismer v. Telephone Co., 194 Mo. 209, and cases cited.
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Appeal from Buchanan Circuit Court. — Hon. Henry M. Barney, Judge. (1) Juries must necessarily determine the responsibility of individual conduct, but they cannot be allowed to set up a standard which shall in effect dictate the customs or control the business of the community. Chrismer v. Telephone Co., 194 Mo. 209, and cases cited. (2) “It is equally well settled that a master can conduct his business in his own way, and the servant, knowing the hazards of his employment as the business is conducted impliedly waives the right to compensation for injuries resulting from causes incident…
1Opinion of the CourtJohnson, J.
Plaintiff while employed by defendant as a section hand was injured by being thrown from a moving handcar and brought this action to recover the damages sustained, alleging that the injury was the direct result of defendant’s negligence. He had judgment in the sum of $1,500 and defendant appealed.
Defendant contends that, under the facts in evidence most favorable to plaintiff, the action must fail and first we will determine the questions raised in support of that contention. Plaintiff was one of a number of laborers employed by defendant in repairing its track between Trenton and Altamont. A…
2Cases cited4 opinions
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Obermeyer v. Logeman Chair Manufacturing Co.Missouri Court of Appeals · 1906
- Shore v. American Bridge Co.Missouri Court of Appeals · 1905
3Cited by6 opinions
- Glenn v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Chandler v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1907
- Erwin v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1913
- Lancaster v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1910
- Lindstrom v. Great Northern Railway Co.Supreme Court of Minnesota · 1915
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