Legal Opinion

Bowen v. Chicago, Burlington & Kansas City Railway Co.

Supreme Court of Missouri

Decided April 15, 1888PublishedCited by 76 opinions

Appeal from Carroll Circuit Court. — How. J. M. Davis,, • Judge. (1) The plaintiff, an employe of defendant, riding on a construction train across the bridge to and from his work, while so riding ivas an employe and not .a passenger.

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Appeal from Carroll Circuit Court. — How. J. M. Davis,, • Judge. (1) The plaintiff, an employe of defendant, riding on a construction train across the bridge to and from his work, while so riding ivas an employe and not .a passenger. Russell v. Railroad, 17 N. Y. 136; G-ilshannon v. Railroad, 10 Cush. 228; Regan v. Railroad, 23 Past. 384; Logan v. Railroad, 14 Gray, 466 ; Gilman Railroad, 10 Allen, 233 ; Railroad v. Coliman, 11 Kás83, 92; McQueen v. Railroad, 15 A. & E. R. R. Cas. 227; Shultz v. Railroad, 36 'Mo. 13, 30 ; Higgins v. Railroad, 418, 433. (2) The mere fact that the bridge fell…

1Opinion of the CourtBlack, J.

Defendant appealed from a judgment in a personal damage suit and insists that the evidence does not support the verdict. The facts disclosed are these: In the course of the construction of its road, the defendant built a temporary bridge, or false work, over Grand river, in Chariton county. This bridge was used for the erection of the permanent structure therefrom, and for the passage of construction trains. It had been so used for eleven days before the accident in question. Plaintiff and others, a gang of track-layers, took the evening construction train for their lodging place on the east…

2Cases cited5 opinions

  1. Armour v. HahnSupreme Court of the United States · 1884
  2. Killea v. FaxonMassachusetts Supreme Judicial Court · 1878
  3. Arkerson v. DennisonMassachusetts Supreme Judicial Court · 1875
  4. Kelley v. NorcrossMassachusetts Supreme Judicial Court · 1877
  5. Peschel v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1885

3Cited by76 opinions

  1. Chandler v. Chicago & Alton RailroadSupreme Court of Missouri · 1913
  2. Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
  3. Burns v. Sennett & MillerCalifornia Supreme Court · 1893
  4. Donahoe v. Kansas CitySupreme Court of Missouri · 1897
  5. Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890

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