Parker v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The plaintiff failed to establish by evidence-that the servants of the defendant running and managing the construction train failed to warn the men at work on its track of the approach of the train, as-charged in the petition. The only evidence produced was the negative statement of men who were not. expecting a train, and whose attention was engrossed in their labor.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The plaintiff failed to establish by evidence-that the servants of the defendant running and managing the construction train failed to warn the men at work on its track of the approach of the train, as-charged in the petition. The only evidence produced was the negative statement of men who were not. expecting a train, and whose attention was engrossed in their labor. It was not sufficient to entitle the-plaintiff to go to the jury. Gathcart v. Railroad, 19 Mo. App. 118; Thompson on Trials, see. 391, p. 349. (2) Whatever -may be…
1ConcurrenceSherwood, C. J.
I have deemed it best to add a few observations respecting this case. If I employ hands to haul and distribute manure over my meadow, some to drive the team and unload the wagon, and others to distribute the manure when thrown out, and if while engaged in such work one of the hands engaged in distributing the manure should be run over by reason of the carelessness of the driver of the wagon and killed, I suppose no court in Christendom would hesitate to say the hand run over and the driver of the wagon were fellow-servants, engaged in a common employment and serving a common master, and,…
2Cases cited34 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Chicago & Northwestern Railroad v. MorandaIllinois Supreme Court · 1879
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
29 more not listed; retrieve them via the Exa API.