Booth v. Kansas City & Independence Air Line
Missouri Court of Appeals
Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court is not bound to accept plaintiff’s theory of the cause of accident but will take judicial notice of the scientific facts involved to determine whether the theory advanced can be sustained. King v. G-alleen, 109 U. S. 99; Gras Light Co. v. Ins. Co., 33 Mo.
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Appeal from the Clay Circuit Court. — Hon. E. J. Broaddus, Judge. (1) The court is not bound to accept plaintiff’s theory of the cause of accident but will take judicial notice of the scientific facts involved to determine whether the theory advanced can be sustained. King v. G-alleen, 109 U. S. 99; Gras Light Co. v. Ins. Co., 33 Mo. App. 348; Marshall on Ev., secs. 366, 371; 1 Greenl. on Ev. [15 Ed.], see. 5. (2) It must affirmatively appear, not as a result of bare conjecture, but as a legitimate inference from the evidence that the defect was the proximate cause of the accident. Breen v.…
1Opinion of the CourtSmith, P. J.
This is an action to recover damages for personal injuries. The plaintiff was a section man employed by defendant in working on its track.
statement. One of the gang of section men engaged with plaintiff in the work assigned to them on defendant’s track was endeavoring to draw a spike from a tie with a claw bar, which was an instrument about five fe6t long, having a heel at the bottom opposite the claws, and finding that the claws would not go under the head of the spike, he requested the plaintiff to strike the heel of the claw bar with a steel hammer or maul, weighing some ten pounds, which…
2Cases cited18 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Thorpe v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1886
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3Cited by4 opinions
- Franklin v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
- Blankenship v. A. M. Hughes Paint & Glass Co.Missouri Court of Appeals · 1911
- Robbins v. Big Circle Mining Co.Missouri Court of Appeals · 1904
- Parsons v. Hammond Packing Co.Missouri Court of Appeals · 1902