Hulett v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from, Boone Circuit Court. — Hon. G-. H. Burckhartt, Judge. argued that upon the undisputed facts there was no liability to the plaintiff for the injuries he had sustained, citing Cummings v. Collins, 61 Mo. 520; Keegan v. Kavanaugh, 62 Mo. 230 ; Wharton on Negligence, (2 Ed.) § 212; Gibson v. Erie Rwy.
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Appeal from, Boone Circuit Court. — Hon. G-. H. Burckhartt, Judge. argued that upon the undisputed facts there was no liability to the plaintiff for the injuries he had sustained, citing Cummings v. Collins, 61 Mo. 520; Keegan v. Kavanaugh, 62 Mo. 230 ; Wharton on Negligence, (2 Ed.) § 212; Gibson v. Erie Rwy. Co., 63 N. Y. 449; Devitt v. Pacific B. B. Co., 50 Mo. 305 ; Shearm. & Redf. on Negligence, § 94, p. 125; lb. § 94, p. 128; lb. §98 ; lb. § 99; Priestly v. Fowler, 3 M. & W. 1; Williams v. Clough, 3 II. & N. 258 ; Laning v. N. Y. Cent. R. R., 49 N. Y. 521; MeClinn v. Brodie, 31 Cal.…
1Opinion of the CourtNapton, J.
The facts in this case are undisputed. There was no conflicting evidence. They are all stated in the testimony of the plaintiff himself, who testified with candor, and no doubt correctly stated the circumstances under which he was seriously injured.
The plaintiff was an experienced brakesman and had been more than two years and a half in that capacity on defendant’s road. He undertook to couple a baggage car with a flat car loaded with rock. He knew that the flat car was lower than the other and was fully aware of the need of caution in coupling cars of unequal height. The inequality in the…
2Cases cited1 opinion
- Fort Wayne, Jackson & Saginaw Railroad v. GildersleeveMichigan Supreme Court · 1876
3Cited by18 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Epperson v. Postal Telegraph Cable Co.Supreme Court of Missouri · 1900
- St. Louis, Iron Mountain & Southern Railway v. HigginsSupreme Court of Arkansas · 1884
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Watson v. Kansas & Texas Coal Co.Missouri Court of Appeals · 1893
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