Settle v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Hon. W. M. Robinson, Judge. (1) There is absolutely no evidence of negligence on the part of defendant, and the court properly so instructs the jury. Cotton v. Wood, 8 0. B. (N. S.) 568; Bothwell v. Railroad, 59 Iowa, 192; Railroad v. State, 71 Md. 590; Paris v. Company, 15 Wall. 524; Wharton on Negligence, sec. 421; Railroad v. Schertle, 97 Pa.
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Appeal from Lawrence Circuit Court. — Hon. W. M. Robinson, Judge. (1) There is absolutely no evidence of negligence on the part of defendant, and the court properly so instructs the jury. Cotton v. Wood, 8 0. B. (N. S.) 568; Bothwell v. Railroad, 59 Iowa, 192; Railroad v. State, 71 Md. 590; Paris v. Company, 15 Wall. 524; Wharton on Negligence, sec. 421; Railroad v. Schertle, 97 Pa. St. 450; Baulec v. Railroad, 59 N. Y. 356. (2) There is no evidence from which it can fairly he inferred that the hent condition of the handhold in any way contributed to the accident which resulted in the death…
1Opinion of the CourtMacfaklane, J.
Plaintiff sues, under the provisions of the laws of the state of Kansas, for the death of her husband, William E. Settle, which occurred in said state in January, 1892, while in the employment of defendant as a brakeman.
The petition contains three counts, which do not differ materially in their averments of negligence. The charge of negligence is that the handhold, on the end of one of defendant’s cars, which was provided for the use of plaintiff and other brakemen, was permitted “to get out of repair and in dangerous condition, having been mashed in so it could not be readily grasped with…
2Cases cited4 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Blanton v. DolbSupreme Court of Missouri · 1891
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
3Cited by58 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Lunde v. Cudahy Packing Co.Supreme Court of Iowa · 1908
- Brownfield v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1899
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