Power v. Wabash Railroad
Supreme Court of Missouri
Appeal from Gentry Circuit Court. — Hon. W. G. Ellison, Judge. The only question we think involved in this case is whether or not the defendant was guilty of negligence and whether or not the deceased was guilty of contributory negligence. The answer pleads contributory negligence and assumption of risk. We do not think the latter defense can have much to do with the case.
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Appeal from Gentry Circuit Court. — Hon. W. G. Ellison, Judge. The only question we think involved in this case is whether or not the defendant was guilty of negligence and whether or not the deceased was guilty of contributory negligence. The answer pleads contributory negligence and assumption of risk. We do not think the latter defense can have much to do with the case. It is an elementary principle of law and decided scores of times in Missouri that a servant never assumes the master’s, negligence. As the court-gave a peremptory instruction in this case at the close of plaintiff’s…
1Opinion of the Court
ROY, C.
This is an action for damages on account of the death of plaintiff’s husband, Alonzo Power, tried in the Gentry county circuit court, where, on a peremptory instruction in the nature of a demurrer to the evidence, there was a verdict for defendant ¡and plaintiff has appealed.
The deceased had been employed as a section hand of defendant almost two years, working on the section at Stanberry. On October 25, 1907, a freight train of twenty-nine cars was wrecked about twenty-two miles ■east of Stanberry, just oast of what is known as the *5“curve trestle,” tearing up a large portion of the…
2Cases cited5 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Sweet v. OwensSupreme Court of Missouri · 1891
- State v. TaylorSupreme Court of Missouri · 1907
- State ex rel. Wilson v. Miners BankSupreme Court of Missouri · 1904
- Chisholm v. Radford Brick Co.Court of Appeals for the Seventh Circuit · 1895
3Cited by12 opinions
- Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
- Ludlow-Saylor Wire Co. v. WollbrinckSupreme Court of Missouri · 1918
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Rollison v. Wabash RailroadSupreme Court of Missouri · 1913
- Nance v. KearbeySupreme Court of Missouri · 1913
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