Francis v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanm Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) This is not a question of contributory negligence at all. "Wherever a violation of the rules of the master for the conduct of his business is a producing cause of injury to the servant, that violation is a complete defense to the master, regardless of whether the violation was in itself negligent.
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Appeal from Buchanm Circuit Court. — Hon. Oliver M. Spencer, Judge. (1) This is not a question of contributory negligence at all. "Wherever a violation of the rules of the master for the conduct of his business is a producing cause of injury to the servant, that violation is a complete defense to the master, regardless of whether the violation was in itself negligent. The servant cannot incur a risk, consequent upon a violation of the master’s orders, on the master’s responsibility. He can only do so at his own risk. Gardner v. Railroad, 58 Mich. 584; Railroad v. Ryan, 7 8. W. Rep. 83;…
1Opinion of the CourtMacfarlane, J.
Action for damages on account of the death of plaintiff’s husband, Charles Francis, by the alleged negligence of defendant. Deceased, plaintiff’s husband, Vas in the employ of defendant in the •capacity of a switchman in its yards at St. Joseph. While in the performance of his duties as switchman, on the night of March 27, 1888, he was struck and killed by the switch engine with which he was working.
The charge of negligence, made in the petition, consisted in the employment of an incompetent and' unskilful engineer, who was ignorant of the signals in use in the yards, by which the switching…
2Cases cited16 opinions
- Railroad Co. v. JonesSupreme Court of the United States · 1877
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
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3Cited by20 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1895
- Kamer v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1930
- Central R. Co. of New Jersey v. YoungCourt of Appeals for the Third Circuit · 1912
15 more not listed; retrieve them via the Exa API.