Meehan v. St. Louis, Memphis & Southeastern Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Son. Warwick Sough, Judge. (1) The defendant was not negligent jn having the track in an incomplete condition, with half the full number of ties and the rails not permanently fastened to the ties, for the work was that of construction.
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Appeal from St. Louis City Circuit Court. — Son. Warwick Sough, Judge. (1) The defendant was not negligent jn having the track in an incomplete condition, with half the full number of ties and the rails not permanently fastened to the ties, for the work was that of construction. Holloran v. Union Iron & Foundry Co., 133 Mo. 470; Railroad v. Henderson, 134 Ind. 636; Armour v. Hahn, 111 U. S. 313, 28 L. Ed. 440; Heald v. Wallace, 109 Tenn. 346. (2) The defendant was not negligent in backing the construction train down over the uncompleted track, according to the regular practice, and after a…
1Opinion of the CourtBland, P. J.
In January, 1904, defendant was engaged in laying a track on its roadbed near Afton, in St. Louis county, employing for the purpose from seventy-five to eighty men and a train consisting of a locomotive engine and five cars. Two of the cars were used to haul ties, two others Avere loaded with steel rails thirty-three feet in length, and the fifth aauis a pioneer car, on the sides of which were rollers. Over these rollers the rails were pushed from the adjoining car and thence carried to the track. On the back end of this car was a platform considerably lower than the body of the car. On…
2Cases cited8 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
- Heald v. WallaceTennessee Supreme Court · 1902
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3Cited by5 opinions
- Kelso v. W. A. Ross Construction Co.Supreme Court of Missouri · 1935
- M. E. Gillioz, Inc. v. LancasterSupreme Court of Arkansas · 1938
- McTurman v. BellMissouri Court of Appeals · 1965
- Cybur Lumber Co. v. ErkhartMississippi Supreme Court · 1918
- Miller v. WalshMissouri Court of Appeals · 1910