Hudgens v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from the Butler Circuit Court. — Eon. J. O. Sheppard, Judge. The testimony of defendant’s agent, Busby, shows that he knew the consignee was in charge of the car set out upon the unloading track of the defendant company; to use the agent’s own language, referring to the consignee, “He was supposed to be there.”
Read the full summary
Appeal from the Butler Circuit Court. — Eon. J. O. Sheppard, Judge. The testimony of defendant’s agent, Busby, shows that he knew the consignee was in charge of the car set out upon the unloading track of the defendant company; to use the agent’s own language, referring to the consignee, “He was supposed to be there.” This notice was equivalent to knowledge of plaintiff’s danger, or, to Say the least that could be said, was notice enough to put a prudent man on the alert, and is sufficient. Kloekenbrink v. Railroad, 172 Mo. 627. Our contention is that plaintiff was not guilty of contributory…
1Opinion of the Court
NORTONI, J. —
This is a suit for personal injuries. Plaintiff recovered and the defendant appeals. The evidence tended to prove that an immigrant shipped a carload of his property to the city of Poplar Bluff, on defendant’s railroad. In this car were his household goods, numerous boxes and some live stock. The immigrant accompanied the shipment and had the car exclusively in his possession under his private lock and key. The car reached Poplar Bluff some time during the night and was set out by the train crew on defendant’s house track at the usual place for unloading freight from cars. The…
2Cases cited7 opinions
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Langan v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1880
- O'Connor v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- LeMay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Lovell v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1906
2 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Fowler v. Park Corp.Supreme Court of Missouri · 1984
- Neal v. Curtis & Co. Manufacturing Co.Supreme Court of Missouri · 1931
- Lesch v. Terminal RR Ass'n of St. LouisSupreme Court of Missouri · 1953
- Willig v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1940
- Fix Fuel and Material Company, a Corporation v. Wabash Railroad Company, a CorporationCourt of Appeals for the Eighth Circuit · 1957
2 more not listed; retrieve them via the Exa API.