Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 109

Reports of Cases Determined by the Supreme Court of the State of Missouri Volume 109

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: pass firewood from the tender to the engine, and, on finding sticks unsuitable, he cast the same from the train. That this train was passing where plaintiff was at work on the track. He retired from the track, and, as the train passed, this fireman improperly threw a stick of wood from the tender; it struck plaintiff and put out his eye. That court said: "This case, it will be perceived, is not one in which the injured party is placed by their common employer in a position subordinate to and subject to orders of the fellow-servant through whose negligence and misconduct the injury occurs, so as to come within the principle decided in Railroad 12. Stevens, 20 Ohio Rep. 415, and Railroad o. Keary, 3 Ohio St. 201; but presents the simple question whether the master or employer is liable to one servant for injuries received from the negligence of a fellow-servant, where no relation of subordination or subjection exists between them while engaged in the business of their common employer." That court answered the question in the negative, holding the trackman and the fireman fellow-servants. This case is the more significant because it came from a court that first denied the rule in the Farwell case, in the cases cited by Judge NAPTON, in McDermott '0. Railroad, supra. In 1842, Farwell 11. Railroad, 4 Metc. 49, was decided. In that case an engineer was injured by the negligence of a switchman, who left the switch open, and the engine was thereby run olf the track. It was shown that the switchman was a careful and trustworthy servant. Farwell sued the company, and the supreme court of Massachusetts held he could not recover. That decision was subsequently followed by the supreme court of the United States in Randall o. more

Product details

  • Paperback | 228 pages
  • 189 x 246 x 12mm | 413g
  • United States
  • English
  • Illustrations, black and white
  • 1236785320
  • 9781236785329