Strayer v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) It is the duty of the receiving carrier to inspect all cars used hy it, and that a failure to inspect or to inspect properly was the cause of the injury; that the failure to make a thorough inspection interposes an independent agency which severs the casual connection between tbe campany first guilty of negligence and tbe burt.
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Appeal from Adair Circuit Court. — Hon. Nat. M. Shelton, Judge. (1) It is the duty of the receiving carrier to inspect all cars used hy it, and that a failure to inspect or to inspect properly was the cause of the injury; that the failure to make a thorough inspection interposes an independent agency which severs the casual connection between tbe campany first guilty of negligence and tbe burt. Railroad v. Merrill, 65' Kan. 436, 442-443; Fowles v. Briggs, 116 Micb. 425 ; Lellis v. Railroad, 124 Micb. 37; Glynn v. Railroad, 175' Mass-. 510; Sawyer v. Railroad, 38 Minn. 103; Wright v. Railroad,…
1Opinion of the Court
JOHNSON, J. —
This is an action to recover damages for personal injuries plaintiff alleges were caused by negligence of defendant. The injury occurred November 5', 19091, while plaintiff was working as a common laborer at a coal mine operated by the Eombauer *518Coal Company near Novinger in Adair county. The mine was on a hillside and was connected with defendant’s railroad by a spur track owned by defendant. This track ran up hill to and beyond the mine and its end was called “the hole” and was used for storing empty cars furnished by defendant to the coal company for loading and shipping out…
2Cases cited15 opinions
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Lynn Gas & Electric Co. v. Meriden Fire InsuranceMassachusetts Supreme Judicial Court · 1893
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Driskell v. United States Health & Accident InsuranceMissouri Court of Appeals · 1906
- Young v. Waters-Pierce Oil Co.Supreme Court of Missouri · 1905
10 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
- Evans v. Massman Construction Co.Supreme Court of Missouri · 1938
- Hawkins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
8 more not listed; retrieve them via the Exa API.