Speed v. Atlantic & Pacific Railroad
Supreme Court of Missouri
Appeal from, St. Louis Court of Appeals. argued, inter alia, that the relation of master and servant did not exist between the railroad company and Merry, citing Stevens v. Armstrong, 6 N. Y. 435; Wood v. Cobb, 13 Allen (Mass.) 58; Hill v. Morey, 26 Yt. 17-8; Vanderpool v. Husson, 28 Barb. 196; Cincinnati v. Stone, 5 Ohio St. 38; Samyn v. McClosky, 2 Ohio St. 536; Wood on Master & Servant, p. 537, § 281, and note; lb., p. 508, §§ 304, 306; lb., p. 585, § 306; lb., p. 630, §…
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Appeal from, St. Louis Court of Appeals. argued, inter alia, that the relation of master and servant did not exist between the railroad company and Merry, citing Stevens v. Armstrong, 6 N. Y. 435; Wood v. Cobb, 13 Allen (Mass.) 58; Hill v. Morey, 26 Yt. 17-8; Vanderpool v. Husson, 28 Barb. 196; Cincinnati v. Stone, 5 Ohio St. 38; Samyn v. McClosky, 2 Ohio St. 536; Wood on Master & Servant, p. 537, § 281, and note; lb., p. 508, §§ 304, 306; lb., p. 585, § 306; lb., p. 630, § 217; lb., pp. 619, 620, 626, 629; Eaton v. European R. R. Co., 59 Me. 520; Lucey v. Ingram,, 6 M. & W. 302; Bowcher v.…
1Opinion of the CourtHenry, J.
This was an action by plaintiff to recover damages for personal injuries received by him at the Central Elevator in St. Louis, while engaged in unloading and removing cars of defendant.
i. MASTEKANnsEitvant: independeutcontractor. It appears that while so engaged, an engine, with loaded grain ears attached, belonging to the defendant, in backing down from the defendant’s main ° track, on a side track which ran into and through the Central Elevator, were impelled against some loaded cars standing on said side track, and these were driven against some empty cars that plaintiff was pushing on…
2Cited by10 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Southern Cotton Oil Co. v. WallaceCourt of Appeals of Texas · 1899
- Andres v. CoxMissouri Court of Appeals · 1930
- Rome & Decatur Railroad v. ChasteenSupreme Court of Alabama · 1889
- Midgette v. Branning Manufacturing Co.Supreme Court of North Carolina · 1909
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