Stotler ex rel. Stotler v. Chicago & Alton Railway Co.
Supreme Court of Missouri
Appeal from Callaway Circuit Court. — Eon. Alex. E. Waller, Judge. Affirmed as to defendants railway company and Haines; reversed as to defendant Wiseman. (1) As no delinquency of the company itself is charged to have concurred with the delinquencies of its agents, there was no joint liability, and this cause was removable by the railway company.
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Appeal from Callaway Circuit Court. — Eon. Alex. E. Waller, Judge. Affirmed as to defendants railway company and Haines; reversed as to defendant Wiseman. (1) As no delinquency of the company itself is charged to have concurred with the delinquencies of its agents, there was no joint liability, and this cause was removable by the railway company. Shafer v. Brick Co., 128 Fed. 97; Helms v. Railroad, 120 Fed. 389; Hukill v. Railroad, 72 Fed. 754; Kelly v. Railroad, 122 Fed. 286; Henry v. Railroad, 132 Fed. 715; Steinhauser v. Spraul, 127 Mo. 541. (2) The court erred to the great prejudice of…
1Opinion of the CourtLamm, J.
Suit for personal injuries at a road crossing. The defendant railway company is incorporated under the laws of Illinois and operates a railroad running from Louisiana, Missouri, through the city of • Laddonia in Audrain county, to Kansas City. Defendants Wiseman and Haines are residents of Missouri and sérvants of their corporate co-defendant, acting respectively as conductor and engineer on the train doing the injury. •
The crossing in question is that of Pine street, a street of the city of Laddonia, a public highway running north and south, and said railroad (running at a tangent, southwest…
2Cases cited40 opinions
- Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
- Chesapeake & Ohio Railway Co. v. DixonSupreme Court of the United States · 1900
- Grand Rapids & Indiana Railroad v. HuntleyMichigan Supreme Court · 1878
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
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- Bauman v. City and County of San FranciscoCalifornia Court of Appeal · 1940
- Thompson v. Los Angeles & San Diego Beach Railway Co.California Supreme Court · 1913
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Hoelzel v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1935
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
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