Walsh v. Mississippi Valley Transportation Co.
Supreme Court of Missouri
Jj/ppeal from St. Louis Circuit Court. I. This was a clear case of positive and direct negligence on the part of the plaintiff. He has no right to assume that the hatch was closed, he not being upon a highway, and he was bound to use extraordinary care while he was walking in the dark. (Boland vs. Missouri Railroad Company, 36 Mo., 484; Callahan vs. Warne, 40 Mo., 131.) Negligence is still a question of law.
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Jj/ppeal from St. Louis Circuit Court. I. This was a clear case of positive and direct negligence on the part of the plaintiff. He has no right to assume that the hatch was closed, he not being upon a highway, and he was bound to use extraordinary care while he was walking in the dark. (Boland vs. Missouri Railroad Company, 36 Mo., 484; Callahan vs. Warne, 40 Mo., 131.) Negligence is still a question of law. (Devitt vs. Pacific Railroad, 50 Mo., 302.) The court was bound to say that the facts shown by plaintiff constituted negligence, and that therefore he could not recover. II. The court…
1Opinion of the CourtWagner, Judge
The defendant, on one of its barges, brought to the port of St. Louis a cargo of salt consigned to Bogy & Co. The salt was in bulk, and the consignees employed the plaintiff and others to sack and unload the same. Defendant commenced loading hay on the barge before all the salt was removed, and being anxious to have the barge unloaded as speedily as possible, in order that it might be used for the purpose of taking on the remainder of the hay, requested the workmen to work late at night and resume their labors early in the morning. In the afternoon at about five o’clock preceding the accident…
2Cases cited2 opinions
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1869
3Cited by14 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Ledyard v. HibbardMichigan Supreme Court · 1882
- Union Stock Yards Co. v. WestcottNebraska Supreme Court · 1896
- Martin v. Ashland Mill Co.Missouri Court of Appeals · 1892
- Kirtley v. Chicago, M. & St. P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1895
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