Long v. Pacific Railroad
Supreme Court of Missouri
Appeal from Gole Circuit Court.—Hon. T. M. Rice, Judge. This was an action to recover damages for personal injuries sustained by plaintiff while engaged in the service of defendant as brakeman.
Read the full summary
Appeal from Gole Circuit Court.—Hon. T. M. Rice, Judge. This was an action to recover damages for personal injuries sustained by plaintiff while engaged in the service of defendant as brakeman. The evidence tended to show that while plaintiff’ was in the act of drawing the brake on a freight car, which was in motion, the upright rod broke, the brake wheel came off, and plaintiff fell to the ground and received the injuries complained of; that at the point in the rod where it broke there was a crack, which, however, was concealed ; that defendant employed men at different points on its line,…
1Opinion of the CourtNapton, J.
In regard to the responsibility of a railroad company to supply suitable machinery to their employees, and to keep the same in repair, there is no-difference of opinion among the courts, but a very decided difference has arisen in relation to the duty of maintaining-suitable machinery, so far as the claims of employees are-concerned, some courts holding that when the company employs competent inspectors and repairers, and an injury occurs through their negligence, no liability attaches to-the company, regarding the injury- as one resulting from the negligence of fellow-servants; whilst other…
2Cases cited5 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Armstrong v. DeshlerOhio Supreme Court · 1843
3Cited by12 opinions
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
- Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Missouri Pacific Railway Co. v. DwyerSupreme Court of Kansas · 1886
- Condon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
7 more not listed; retrieve them via the Exa API.