Briscoe v. Chicago, Burlington & Quincy Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». Edward E. Porterfield, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Plaintiff’s right to recover, if any be has, must be based on the Fellow Servant Act.
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Appeal from Jackson Circuit Court. — No». Edward E. Porterfield, Judge. (1) The petition does not state facts sufficient to constitute a cause of action. Plaintiff’s right to recover, if any be has, must be based on the Fellow Servant Act. R. S. 1899, sec. 2873. It nowhere appears in the petition that it was any part of the duty.of the truckman, or that it was in the line of his employment, to engage in the work of storing goods, or of assisting plaintiff to store them; or that it was any part of his duty, or within the line of his employment, to hold the roofing iron referred to and keep it…
1Opinion of the CourtJohnson, J.
Action, by a servant against Ms master, a railroad company, to recover damages for’ personal injuries alleged to have been caused by the negligence of a fellow-servant. Verdict and judgment were for plaintiff in the sum of two thousand dollars, and defendant appealed. The questions presented by defendant in its argument that the judgment should Ibe reversed are comprised in two propositions: First, that the petition does not state a cause of action; second, that the court committed error in overruling defendant’s demurrer to the evidence.
Pertinent facts disclosed by the evidence most…
2Cases cited2 opinions
- Walker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1894
- Overton v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1905
3Cited by7 opinions
- Pratt v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1909
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Fleishman v. Polar Wave Ice & Fuel Co.Missouri Court of Appeals · 1912
- Vannest v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1914
- Bible v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
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