McGowan v. St. Louis & Iron Mountain Railroad
Supreme Court of Missouri
Error to St. Louis Circuit Court. The conductor was the agent chosen by defendant to manage-and control the work, and plaintiff was acting in a subordinate capacity. He, therefore, bad a right to rely on his representation. If lie did, lie is entitled to recover; and, whether he did or not, was a question for the jury. Plaintiff knew of the condition of the rope, and took the risk. (Devitt vs. Pac.
Read the full summary
Error to St. Louis Circuit Court. The conductor was the agent chosen by defendant to manage-and control the work, and plaintiff was acting in a subordinate capacity. He, therefore, bad a right to rely on his representation. If lie did, lie is entitled to recover; and, whether he did or not, was a question for the jury. Plaintiff knew of the condition of the rope, and took the risk. (Devitt vs. Pac. R. R., 50 Mo., 305.) Nothing shows negligence on the part of the company in the employment of servants. See generally, Gibson vs. Pacific R. R., 46 Mo., 169.
1Opinion of the CourtHough, Judge
This was an action to recover damages for personal injuries received by the plaintiff while engaged as a laborer in loading bridge timbers on defendant’s cars, on the line of its road. The petition alleged that plaintiff was injured by the carelessness and wrongful acts of the defendant, its agents and employees, and by reason of the defects and rotten condition of a certain rope furnished by the defendant, to draw the timbers from the ground upon the cars, which gave way-while in use, whereby the timber being raised by it, fell upon plaintiff’s left foot and ankle, crushing it; and that…
2Cited by33 opinions
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Glover v. HendersonSupreme Court of Missouri · 1894
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Rains v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1879
28 more not listed; retrieve them via the Exa API.