Vautrain v. St. Louis, Iron Mountain, & Southern Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis Circuit Court. The plaintiff, having accepted money in settlement of his claim, must refund the same and rescind the agreement before he is entitled to sue. —Jarrett v. Morton, 44 Mo. 277. The instruction is fatally defective, as one essential element in its definition of negligence is omitted — that of notice, either actual or constructive. —Lewis v. Railroad (Jo, 59 Mo. 501; MeGowanv. Railroad Go., 61 Mo. 532 ; Devany v. Iron Works, 4 Mo.
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Appeal from the St. Louis Circuit Court. The plaintiff, having accepted money in settlement of his claim, must refund the same and rescind the agreement before he is entitled to sue. —Jarrett v. Morton, 44 Mo. 277. The instruction is fatally defective, as one essential element in its definition of negligence is omitted — that of notice, either actual or constructive. —Lewis v. Railroad (Jo, 59 Mo. 501; MeGowanv. Railroad Go., 61 Mo. 532 ; Devany v. Iron Works, 4 Mo. App. 243 ; Holmes v. Glark, 6 Hurl. & N. 349. The plaintiff was under no obligation to return money paid him, as he supposed, as…
1Opinion of the CourtHayden, J.
This is an action to recover damages for injuries received by the plaintiff .while engaged, as abrakeman, in uncoupling cars in the defendant’s yard in St. Louis. The cars were moving slowly,t and the plaintiff, as usual in uncoupling, had stepped on the track between two of them to withdraw the pin. The plaintiff’s case is, that at the point in the track where, to do his duty, he was then obliged to walk, as the *540cars moved, the company’s road-bed was in bad order; that certain switch-rods, which are the iron rods used to connect the movable rails, crossed the track there, and that the…
2Cited by11 opinions
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
- Kelly v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908
- Vautrain v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1883
- Girard v. St. Louis Car-Wheel Co.Missouri Court of Appeals · 1891
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