Boyd v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Barton Circuit Court. — Hon. B. G. Thurman, Judge. (1) The petition in this ease, in one count, attempts to state a cause of action both under Sec. 5425 and 5426, R. S. 1909, and for this reason appellant's demurrer and motion to elect should have been sustained. Casey v. Railroad, 205 Mo. 72Í; Peters v. Railroad, 150 Mo. App. 721; King y. Railroad, 130 Mo.
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Appeal from Barton Circuit Court. — Hon. B. G. Thurman, Judge. (1) The petition in this ease, in one count, attempts to state a cause of action both under Sec. 5425 and 5426, R. S. 1909, and for this reason appellant's demurrer and motion to elect should have been sustained. Casey v. Railroad, 205 Mo. 72Í; Peters v. Railroad, 150 Mo. App. 721; King y. Railroad, 130 Mo. App. 368. (2) It is the duty of the section men to look out for the approach of trains and for their own safety while on or near the track. Degonia v. Railroad, 224 Mo. 564; Evans v. Railroad, 178 Mo. 517; Ring v. Railroad, 112…
1Opinion of the CourtBbown, J.
Action for damages. Plaintiff bad judgment below for $10,000 and defendant appeals.
By ber petition plaintiff demands judgment for $10,000 against defendant for tbe alleged negligent killing of ber husband, Charles J. Boyd, on July 29, 1905.
Deceased was an employee of defendant, working with an extra gang of track laborers, and at tbe time of bis death was riding on a band-car to bis place of work. This is tbe second appeal in this case. A full copy of plaintiff’s petition will be found in 236 Mo. 64, et seq. It is unnecessary to re-state tbe substance of said petition here.
Defendant pleaded…
2Cases cited26 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Lamar Water & Electric Light Co. v. City of LamarSupreme Court of Missouri · 1895
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- Chicago, Milwaukee & St. Paul Railway Co. v. ArterySupreme Court of the United States · 1890
21 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Phoenix Indemnity Co. v. Staten Island Rapid Transit Railway Co.New York Court of Appeals · 1929
- Grier v. Kansas City, Clay County & St. Joseph Railway Co.Supreme Court of Missouri · 1921
- Morton v. Southwestern Telegraph & Telephone Co.Supreme Court of Missouri · 1920
- Leaman v. Campbell 66 Express Truck Lines, Inc.Supreme Court of Missouri · 1947
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
29 more not listed; retrieve them via the Exa API.