Hegberg v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Polk Circuit Court. — Hon. G. H. Skinker, Judge. (1) The evidence is insufficient to convict the appellant of the error assigned. 3 Elliot on Railroads (2 Ed.), sec. 1296, p. 720; Furber v. Bolt & Nut Co., 185 Mo. 301; Conovski v. Transit Co., 207 Mo. 263; Willikin v. Com. Co., 202 Mo. 637; Kennedy v. Railroad, 128 Mo. App. 297. (2) The evidence convicts the respondent of contributory negligence so as to preclude a recovery herein.
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Appeal from Polk Circuit Court. — Hon. G. H. Skinker, Judge. (1) The evidence is insufficient to convict the appellant of the error assigned. 3 Elliot on Railroads (2 Ed.), sec. 1296, p. 720; Furber v. Bolt & Nut Co., 185 Mo. 301; Conovski v. Transit Co., 207 Mo. 263; Willikin v. Com. Co., 202 Mo. 637; Kennedy v. Railroad, 128 Mo. App. 297. (2) The evidence convicts the respondent of contributory negligence so as to preclude a recovery herein. Moore v. Railroad, 146. Mo. 582; 1 Bailey on Personal Injuries, sec. 1121; Brady v. Railroad, 206 Mo. 531; Pierson v. Railroad, 127 Iowa 13; Montgomery…
1Opinion of the CourtNixon, P. J.
This is an action by the administrator of the estate of John Hegberg, deceased, for damages for the alleged negligent killing of his intestate (who was his brother). The deceased was in the employ of the defendant company as a brakeman on one of its freight trains and was killed in a collision which occurred at Willow Springs, Missouri, on the 12th day of July, 3910. This action is maintained to recover damages for the wrongful killing of the deceased under chapter 38 of the Revised Statutes of 1909 concerning damages in actions for torts. A trial was had in the circuit court of Polk county…
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2Cases cited43 opinions
- Werth v. City of SpringfieldSupreme Court of Missouri · 1883
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Hanson v. NealSupreme Court of Missouri · 1908
- Bailey v. Kansas CitySupreme Court of Missouri · 1905
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
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3Cited by16 opinions
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- Armbruster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Nuckols v. Andrews Investment CompanyMissouri Court of Appeals · 1962
- Beechwood v. Joplin-Pittsburg Railway Co.Missouri Court of Appeals · 1913
- Greer v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
11 more not listed; retrieve them via the Exa API.