Hamilton v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit- Court. — Son. John G. Parle, Judge. (1) Tbe court erred in overruling tbe demurrer to tbe evidence, (a) There was not sufficient evidence to take tbe case to tbe jury. Pavey v. Eailroad/85 Mr. App. 218; Kelley v. Eailroad, 105 Mo. App. 365; Howard v. Eailroad, 173 Mo. 524; Glascock v. Dry Goods Co., 106 Mo.
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Appeal from Jackson Circuit- Court. — Son. John G. Parle, Judge. (1) Tbe court erred in overruling tbe demurrer to tbe evidence, (a) There was not sufficient evidence to take tbe case to tbe jury. Pavey v. Eailroad/85 Mr. App. 218; Kelley v. Eailroad, 105 Mo. App. 365; Howard v. Eailroad, 173 Mo. 524; Glascock v. Dry Goods Co., 106 Mo. App. 663, and cases cited in opinion; Sacks v. Dolese, 137 111. 129, 27 N. E. 62; DeGrafif v. Railroad, 76 N. Y. 125; Kinkhead v. Railroad, 22 Ore. 35, 29 Pac. 3; Railroad y. Barrager, — Texas —, 11 S. W. 212; 1 Thompson’s Commentaries on Negligence, sec. 1109,…
1Opinion of the CourtEllison, J.
The plaintiff- was engaged in defendant’s service as a brakeman on one of its freight trains. The train left a station called Mena at about four o’clock in the morning whence it proceeded on an up-grade to what was called the top of the mountain. From the latter point there was a descending grade, for the distance of near fourteen miles, to a place called Page, where the train was wrecked. The train was equipped with “airbrakes” set from the engine and the cars had also handbrakes connected by a rod with the top of the cars, which were set by brakemen. Shortly before the Avreck, plaintiff…
2Cases cited24 opinions
- Patton v. Texas & Pacific Railway Co.Supreme Court of the United States · 1901
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Benedick v. PottsCourt of Appeals of Maryland · 1898
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Blanton v. DolbSupreme Court of Missouri · 1891
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3Cited by15 opinions
- Gordon v. Muehling Packing Co.Supreme Court of Missouri · 1931
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Byers v. Carnegie Steel Co.Court of Appeals for the Sixth Circuit · 1908
- State Ex Rel. Brancato v. TrimbleSupreme Court of Missouri · 1929
- St. Louis, San Francisco & Texas Railway Co. v. CasonCourt of Appeals of Texas · 1910
10 more not listed; retrieve them via the Exa API.