Preston v. Union Pacific Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. William O. Thomas, Judge. (1) The court erred in overruling- defendant’s demurrer interposed at the close of plaintiff’s evidence, and renewed at the close of all the evidence. First.
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Appeal from Jackson Circuit Court. — Hon. William O. Thomas, Judge. (1) The court erred in overruling- defendant’s demurrer interposed at the close of plaintiff’s evidence, and renewed at the close of all the evidence. First. Because the properties of the Union Pacific Railroad Company were, at the time of the injury, December 30, 1917, under the exclusive control of the United States Government, and were being- operated, on December 30, 1917, by the director general of railroads and not by the Union Pacific Railroad Company. Railroad v. North Dakota, 250 U. S. 135; Railroad v. Caldwell, 264…
1Opinion of the CourtJames T. Blair, J.
Statement is an appeal from a judgment for damages for injuries respondent received by reason of having been struck by a freight ear which was being pushed by a switch engine along a main line track in Kansas City, Kansas. At the point where respondent was injured the main line runs east and west and is double tracked and the two tracks are joined by what is known as the Armourdale connection cross-over switch. Several hundred feet east of this cross-over what is called the southwest lead leaves the south track of the main line and runs in a southwesterly direction. From this lead switch…
2Cases cited20 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Jacobs v. Southern Railway Co.Supreme Court of the United States · 1916
- Chesapeake & Ohio Railway Co. v. ProffittSupreme Court of the United States · 1916
- Chicago, Rock Island & Pacific Railway Co. v. WardSupreme Court of the United States · 1920
- Givens v. ZerbstSupreme Court of the United States · 1921
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3Cited by8 opinions
- Rockenstein v. RogersSupreme Court of Missouri · 1930
- Peters v. HenshawMissouri Court of Appeals · 1982
- Kamer v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1930
- Sasnett ex rel. Sasnett v. JonsMissouri Court of Appeals · 2013
- Sullivan v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1928
3 more not listed; retrieve them via the Exa API.