Negligence of fellow servant no defense in action by employee against railroad or mine
If a worker gets hurt on the job at a railroad or mine because a coworker was careless, the railroad or mine company is responsible for paying damages. The company cannot escape blame just by saying another worker caused the accident. However, if the hurt worker was also being careless and that carelessness helped cause the injury, the company can use that as a defense.
537.180. of no in by employee against railroad or mine. — Every owning or operating a railroad in this state and every person, company or operating a mine or mines in this state producing lead, zinc, coal or other valuable minerals shall be for all by any thereof while engaged in the work of operating such railroad or while engaged in operating such mine or mines by reason of the negligence of any other agent or servant thereof; provided, that it may be shown in defense that the person injured was guilty of negligence contributing as a to produce the injury.
(RSMo 1939 §§ 3665, 3672, A. 1949 H.B. 2135)
Prior revisions: 1929 §§ 3275, 3282; 1919 §§ 4226, 4233; 1909 §§ 5434, 5440
of employee no defense in action for injuries against railroad, when, RSMo 389.790 to 389.870
Damages for injuries to employees resulting from failure of railroad to maintain switch lights, RSMo 389.710 to 389.730
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Related Missouri laws
Waiver of rights to damages by blind employee
RSMo 537.170
Fellow servant defined
RSMo 537.190
Political subdivisions to defend tort actions against firemen involving use of motor vehicles
RSMo 537.165
Vice-principals defined
RSMo 537.200
Contracts limiting liability invalid
RSMo 537.210
Construction and application of sections 537.180 to 537.210
RSMo 537.220
Legal information, not legal advice. Always confirm with the official source at revisor.mo.gov.