Broadwater v. Wabash Railroad
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Now. John A. Eoclcaday, Judge. Section 2873, Revised Statutes 1899, provides: “That every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof while engaged in the work of operating such railroad, by reason of the negligence of any other agent or servant thereof: Provided, that it may be shown in defense that the person injured was guilty of…
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Appeal from Randolph Circuit Court. — Now. John A. Eoclcaday, Judge. Section 2873, Revised Statutes 1899, provides: “That every railroad corporation owning or operating a railroad in this State shall be liable for all damages sustained by any agent or servant thereof while engaged in the work of operating such railroad, by reason of the negligence of any other agent or servant thereof: Provided, that it may be shown in defense that the person injured was guilty of negligence, contributing as a proximate cause to produce the injury.” “Shall be liable” to whom? Sections 2864 and 2865, Revised…
1Opinion of the CourtGantt, J.
— This is an action by the plaintiff as the widow of Sidney Broadwater to recover damages in the sum of five thousand dollars on account of the death of Sidney Broadwater, while in the employ of the defendant as locomotive engineer in defendant’s terminal yards in Kansas City, Missouri, on the 21st day of August, 1900.
The petition was filed on the 9th of February, 1901, in the circuit court of Randolph county, and in substance alleges that on and prior to the 21st of August, 1900, Sidney Broadwater was her lawful husband and. defendant was at said time and is now a railroad corporation duly…
2Cases cited7 opinions
- Strottman v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1908
- Smith v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
- Powell v. SherwoodSupreme Court of Missouri · 1901
- Rinard v. Omaha, Kansas City & Eastern Railway Co.Supreme Court of Missouri · 1901
- Edge v. Southwest Missouri Electric Railway Co.Supreme Court of Missouri · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
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- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- City of Bisbee v. Cochise CountyArizona Supreme Court · 1938
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