Huhn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — IIon. T. A. Gill, Judge. (1) The court erred in admitting the opinions of plaintiff’s witnesses in evidence, as to the comparative safety to employes of blocked, and unblocked, frogs and switches. Hopkins r>. Railroad, 74 111. 32 ; Chicago v. McGiven, 74 111 347. (2) The defendant’s instruction, in the nature of a demurrer to the evidence, should have been given. There was no conflict in the evidence, and nothing for the jury to find.
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Appeal from Jackson Circuit Court. — IIon. T. A. Gill, Judge. (1) The court erred in admitting the opinions of plaintiff’s witnesses in evidence, as to the comparative safety to employes of blocked, and unblocked, frogs and switches. Hopkins r>. Railroad, 74 111. 32 ; Chicago v. McGiven, 74 111 347. (2) The defendant’s instruction, in the nature of a demurrer to the evidence, should have been given. There was no conflict in the evidence, and nothing for the jury to find. Cummings r>. Collins, 61 Mo. 520; Hulett v. Railroad, 67 Mo. 239; Porter v. Railroad, 71 Mo. 66 ; Ranes v. Railroad, 71 Mo.…
1Opinion of the CourtBlack, J.
The plaintiff’s husband, Charles Huhn, was, and for three or four months had been, defendant’s yardmaster, at Independence, Missouri. It appears a freight train was about due at that place, and it became the duty of Huhn, an engineer, fireman, and switchman to set out a car for that train. Huhn directed the switch-man to go forward and flag the train. The engine then, with a string of seven cars, pulled out on the main track, and stopped for Huhn to throw the switch, which he did, and then signaled the fireman to back the train; as the car which he intended to take out passed him, he stepped…
2Cases cited6 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
- Smith v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Mauerman v. SiemertsSupreme Court of Missouri · 1879
1 more not listed; retrieve them via the Exa API.
3Cited by124 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
119 more not listed; retrieve them via the Exa API.