Rutledge v. Missouri Pac. Ry. Co.

Decision Date18 June 1894
Citation27 S.W. 327
PartiesRUTLEDGE v. MISSOURI PAC. RY. CO.
CourtMissouri Supreme Court

1. A switchman uncoupling cars in a railway yard is a fellow servant of a locomotive engineer who injured him by an unexpected movement of the train in response to a signal from employés thereon. 24 S. W. 1053, affirmed.

2. Where there was a uniform custom that a person uncoupling cars should alone give the signal for the necessary movement of the train, the fact that there was no rule to such effect does not show negligence on the part of the company. 24 S. W. 1053, affirmed.

McFarlane, J., dissenting.

In banc.

On rehearing. Opinion of division No. 1 (24 S. W. 1053) affirmed.

PER CURIAM.

The court in banc approves the opinion delivered on behalf of the majority of the judges in division No. 1 (24 S. W. 1053), and adopts the same as the decision of the court, all the judges concurring, except MACFARLANE, J., dissenting.

On Motion to Modify Judgment.

On motion to modify the judgment, it has been suggested that plaintiff may have a cause of action upon further proof that the signal on which the engineer acted originated with the yard master. Plaintiff hence prays that the judgment be modified so as to remand the cause, and thus give him an opportunity to amend, and present that phase of the case to the trial court, the statute of limitations having intervened as against any new action he might bring. On consideration of this motion, we are of opinion that it should be granted. Accordingly, the final judgment of this court will be that the judgment of the circuit court be reversed, and the cause remanded.

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39 cases
  • Grattis v. Kansas City, P. & G. R. Co.
    • United States
    • Missouri Supreme Court
    • January 10, 1900
    ... 55 S.W. 108 ... 153 Mo. 380 ... KANSAS CITY, P. & G. R. CO ... Supreme Court of Missouri" ... January 10, 1900 ...         MASTER AND SERVANT — EVIDENCE — VICE PRINCIPAL \xE2\x80" ... In Rutledge v. Railway Co., 123 Mo. 121, 24 S. W. 1053, and 27 S. W. 327, Barclay, Black, and Brace, JJ., held ... R. A. 363, — a section foreman and a conductor; Fagundes v. Railroad Co., 79 Cal. 97, 21 Pac. 437, 3 L. R. A. 824, — a laborer employed to remove snow from a track and a conductor; Baughman ... ...
  • Galicich v. Oregon Short Line R. Co.
    • United States
    • Wyoming Supreme Court
    • February 14, 1939
    ... ... Atchison, T. & S. F. Ry. Co. v. Wyer (C. C. A. 8) 8 ... F.2d 30, 31. Ball v. Northern Pac. Ry. Co. (Wash. ) ... 173 P. 1029, 1031. The Master may assume that third persons ... will act ... driver alone. Moran v. Rockland T. & C. St. R., 99 ... Me. 127, 58 A. 676; Rutledge v. Mo. Pac. R. Co., 123 ... Mo. 121, 24 S.W. 1053, 27 S.W. 327. See, also, Deye v. L ... & S ... ...
  • Good v. M.-K.-T. Railroad Co.
    • United States
    • Missouri Supreme Court
    • August 20, 1936
    ... 97 S.W.2d 612 ... MELVIN M. GOOD, Administrator of the Estate of ROBERT M. GOOD, ... MISSOURI-KANSAS-TEXAS RAILROAD COMPANY, a Corporation, Appellant ... No. 32650 ... Supreme Court of ... Boldt v. Railroad Co., 245 U.S. 441, 38 Sup. Ct. 139, 62 L. Ed. 385; Southern Pac. Railroad Co. v. Berkshire, 254 U.S. 415, 41 Sup. Ct. 162, 65 L. Ed. 335; Delaware, L. & W ... Rutledge v. Railroad Co., 123 Mo. 121, 24 S.W. 1053, 27 S.W. 327. (8) It is generally held that a rule ... ...
  • Good v. Missouri-Kansas-Texas R. Co.
    • United States
    • Missouri Supreme Court
    • August 20, 1936
    ... ... know them. Boldt v. Railroad Co., 245 U.S. 441, 38 ... S.Ct. 139, 62 L.Ed. 385; Southern Pac. Railroad Co. v ... Berkshire, 254 U.S. 415, 41 S.Ct. 162, 65 L.Ed. 335; ... Delaware, L. & W. Railroad Co. v. Koske, 279 U.S. 7, ... 49 S.Ct ... to the general mode of carrying on the work does not ... constitute negligence. Rutledge v. Railroad Co., 123 ... Mo. 121, 24 S.W. 1053, 27 S.W. 327. (8) It is generally held ... that a rule promulgated by an employer requiring some ... ...
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