Padgett v. Scullin-Gallagher Iron & Steel Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in overruling the demurrer to the evidence, because the plaintiff and Dowd were fellow-servants, (a) They were fellow-servants because engaged in a common employment under the same master working to accomplish the same common end. Donelly v. Mfg.
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Appeal from St. Louis City Circuit Court. — Hon. James E. Withrow, Judge. (1) The court erred in overruling the demurrer to the evidence, because the plaintiff and Dowd were fellow-servants, (a) They were fellow-servants because engaged in a common employment under the same master working to accomplish the same common end. Donelly v. Mfg. Co., 75 Pac. 1017; Railroad v. Kneirn, 152 111. 456; Richardson v. Mesker, 171 Mo. 666; Hawk v. Lumber Co., 166 Mo. 121; Sams v. Railroad, 174 Mo. 53; Murray v. Railroad, 98 Mo. 573; McCarty v. Hotel Co.,. 144 Mo. 397; Jackson v. Mining Co., 106 Mo. App.…
1Opinion of the Court
EETNOLDS, P. J. —
Respondent, plaintiff below, was employed by defendant as an operator on a crane used in the works of defendant and which was moved about on tracks by means of electricity, running from one end of the foundry of defendant to the other. On one end of the crane there is a cage about four feet wide by six feet long, in which the operator stands. It is about thirty feet above the ground and is reached by means of a stationary ladder. There were several controllers and a switchboard in the cage, the controllers being used to operate the crane. The current is carried along trolley…
2Cases cited15 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- State ex rel. Dunham v. NixonSupreme Court of Missouri · 1910
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
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3Cited by2 opinions
- Kautz v. St. Louis Refrigerator Car Co.Missouri Court of Appeals · 1920
- Todd v. American Railway Express Co.Missouri Court of Appeals · 1925