Riley v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehom, Judge. (1) (a) Plaintiff was guilty of contributory negligence as a matter of law and the case should be reversed on that account. Harlan v. Railroad, 65 Mo. 22; Hayden v. Railroad, 124 Mo. 566; Dyrcz v. Railroad, 238 Mo. 46. In .Kansas the rule as to contributory negligence is the same.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehom, Judge. (1) (a) Plaintiff was guilty of contributory negligence as a matter of law and the case should be reversed on that account. Harlan v. Railroad, 65 Mo. 22; Hayden v. Railroad, 124 Mo. 566; Dyrcz v. Railroad, 238 Mo. 46. In .Kansas the rule as to contributory negligence is the same. Dyerson v. Railroad, 74 Kan. 528; Coleman v. Railroad, 123 Pac. 756; Dunlap v. Railroad, 123 Pac. 754; Marple v. Railroad, 85 Kan. 699; Beech v. Railroad, 85 Kan. 90; Jones v. Railroad, 85 Kan. 313; Railroad v. Adams, 33 Kan. 427; Clark v. Railroad,…
1Opinion of the Court
BLAIR, C.
— A freight car being propelled by one of defendant’s switch engines through the Armour-dale, Kansas, yards struck and injured plaintiff as he stood near the track over which it was moving. This appeal is from a judgment for plaintiff.
Both parties pleaded the law of Kansas and offered in evidence decisions of the Supreme Court of that State.
*599The question presented is the sufficiency of the-evidence to support a judgment against defendant.
Plaintiff was in defendant’s employ as a section hand and had worked in that capacity for various roads for twenty-five or thirty years, but he was…
2Cases cited7 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Dowell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1910
- Missouri Pacific Railway Co. v. BentleySupreme Court of Kansas · 1907
- Pittsburg Vitrified Paving & Building Brick Co. v. FisherSupreme Court of Kansas · 1909
- Comstock v. Union Pacific Railway Co.Supreme Court of Kansas · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Friedman v. FriedmanArizona Supreme Court · 1932
- Weeks v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1937