Henry v. Wabash Western Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is clear that the preponderance of the ■evidence in favor of the defendant in this case is so great as to imply partiality, prejudice or misconduct on the part of the jury. Spolm v. Railroad, 87 Mo. 74. (2) Under the evidence in this case the plaintiff ought not to recover, because the accident was caused by one ■of the perils of the service assumed by him when he ■entered the defendant’s employ.
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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. (1) It is clear that the preponderance of the ■evidence in favor of the defendant in this case is so great as to imply partiality, prejudice or misconduct on the part of the jury. Spolm v. Railroad, 87 Mo. 74. (2) Under the evidence in this case the plaintiff ought not to recover, because the accident was caused by one ■of the perils of the service assumed by him when he ■entered the defendant’s employ. Hewitt v. Railroad, ■67 Mich. 61; Schcrnb v. Railroad, 106 Mo. 74. (3) The ■court gave improper instructions at the…
1Opinion of the CourtMacfarlane, J.
This is an action for damages-for personal injuries received by plaintiff while engaged in the discharge of his duties as a locomotive firp.ma.-non one of the defendant’s engines, on the line of its-road near Hull’s Point, Missouri, by reason of a collision of the engine with a freight car standing upon the-track.
The petition charged that the engine, on which plaintiff was firing, ran into a freight car, by reason of which the engine was thrown from the track and plaintiff injured. The negligence- charged was that the brakes on said freight car were defective and insufficient to hold the -car…
2Cases cited10 opinions
- Wabash Railway Co. v. McDanielsSupreme Court of the United States · 1883
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Pauck v. St. Louis Dressed Beef & Provision Co.Supreme Court of Missouri · 1901
- Dickson v. Omaha & St. Louis RailroadSupreme Court of Missouri · 1894
- Millar v. Madison Car Co.Supreme Court of Missouri · 1895
- Seligman v. RogersSupreme Court of Missouri · 1893
14 more not listed; retrieve them via the Exa API.