O'Connell v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Thos. G.. Seehorn, Judge. The court should have sustained defendant’s demurrer to plaintiff’s evidence. There was no evidence tending to show negligence on the part of the defendant. Powell v. Railroad, 76 Mo. 80; Commissioner v. Clark, 94 U. S. 284; Bank v. Bank, 10 Wall. 689; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 338; Moore v. Railroad, 28 Mo. App. 622; Peck v. Railroad, 31 Mo.
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Appeal from Jackson Circuit Court. — Hon. Thos. G.. Seehorn, Judge. The court should have sustained defendant’s demurrer to plaintiff’s evidence. There was no evidence tending to show negligence on the part of the defendant. Powell v. Railroad, 76 Mo. 80; Commissioner v. Clark, 94 U. S. 284; Bank v. Bank, 10 Wall. 689; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 338; Moore v. Railroad, 28 Mo. App. 622; Peck v. Railroad, 31 Mo. App. 123; Zurfluh v. Railroad, 46 Mo. App. 636; Peffer v. Railroad, 98 Mo. App. 291; Railroad v. Shirtle, 97 Pa. St. 450.…
1Opinion of the CourtEllison, J.
Plaintiffs are the father and mother of Thomas O’Connell, who was in the employ of defendant at the time of his death. He was killed in the State of Kansas, through the alleged negligence of defendant. Plaintiffs recovered judgment in the trial court.
It appears that when one of defendant’s trains arrived at the union station in Kansas City, Missouri, and discharged passengers and baggage, it is then taken in charge by a new crew employed for the purpose of taking the engine and empty cars some distance back into the yards maintained by defendant in the adjoining State of Kansas. This crew…
2Cases cited2 opinions
- Killian v. Chicago, Milwaukee & St. Paul Railway Co.Missouri Court of Appeals · 1900
- Richmond v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1908