Johnson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Jasper Circuit Court. — No». D.E. Blair, Judge. (1) Johnson was gnilty of contributory negligence in attempting to pass between the two cars at the time and place and in the manner he did, the cars being so close together that the said Johnson, although a very slender man, had to turn edgeways or sideways and attempt to sidle through between the cars instead of walking straight through, making it more apparent that it was an act of great negligence for him to…
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Appeal from Jasper Circuit Court. — No». D.E. Blair, Judge. (1) Johnson was gnilty of contributory negligence in attempting to pass between the two cars at the time and place and in the manner he did, the cars being so close together that the said Johnson, although a very slender man, had to turn edgeways or sideways and attempt to sidle through between the cars instead of walking straight through, making it more apparent that it was an act of great negligence for him to attempt to go between the cars. Hudson v. Railroad, 101 Mo. 13; Hudson v. Railroad, 123 Mo. 445; Corcoran v. Railroad, 105…
1Opinion of the Court
COX, J. —
Action by administrator of J. C. Johnson for damages for the death of Johnson. Judgment for plaintiff for $4000' and defendant has appealed.
Deceased was in the employ of defendant at Mo-nett, Missouri as “freight digger” and while attempting to pass between two freight ears was caught and billed by the cars being suddenly jammed together. Monett is a division point on defendant’s road and a large amount of freight is removed from cars there and reloaded for shipment to its destination. To facilitate this work three switch tracks are maintained each of which connects with the lead…
2Cases cited10 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Flynn v. Kansas CitySupreme Court of Missouri · 1883
- King v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1889
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Culbertson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cherry v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Cody v. LuskMissouri Court of Appeals · 1914