Briscoe v. Chicago & Alton Railroad
Missouri Court of Appeals
Appeal from the Circuit Court of Audrain County.— Hon. James D. Barnett, Judge. (1) The trial court erred in not sustaining defendants’ peremptory instructions to find for the defendants for the reasons, (a) that the evidence disclosed no negligence on the part of either defendant, causing the death of Briscoe, (b) that deceased Briscoe’s negligence was the proximate cause of his death, and (c) that the manner of his death was mere conjecture. Harris v. Railroad, 180 Mo.
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Appeal from the Circuit Court of Audrain County.— Hon. James D. Barnett, Judge. (1) The trial court erred in not sustaining defendants’ peremptory instructions to find for the defendants for the reasons, (a) that the evidence disclosed no negligence on the part of either defendant, causing the death of Briscoe, (b) that deceased Briscoe’s negligence was the proximate cause of his death, and (c) that the manner of his death was mere conjecture. Harris v. Railroad, 180 Mo. App. 583, 166 S. W. 335 and eases therein cited; Neal v. Railroad, 105 N. W. 197-199; Grant v. Railroad, 190 S. W. 586, and…
1Opinion of the CourtAllen, J.
— This is an action by the widow of Walter W. Briscoe, deceased, to recover damages for the death of said deceased, alleged to have resulted from the negligence of the defendants. The trial below, before the court and a jury, resulted in a verdict and judgment in favor of plaintiff, against both defendants, in the sum of $5000; and the case is here on defendants’ appeal.
Briscoe was employed by defendant- railroad company as a switchman, and was killed on June 18, 1914, while engaged in the line of his duty as an employee of that defendant in its yards at Francis, a short distance east of…
2Cases cited6 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Lynch v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Swearingen v. Wabash RailroadSupreme Court of Missouri · 1909
- Penney ex rel. Ramey v. St. Joseph Stock Yards Co.Supreme Court of Missouri · 1908
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