Rutledge v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. Eudolph Hibzel, Judge. (1) The court should have sustained the demurrer to plaintiff’s evidence. There is neither averment nor proof that the sudden stopping of the train was caused by the absence of the rules. Merle v. Hascoll, 10 Mo. 406; Barker v. Railroad, 44 Mo. 488; Waldhier v. Railroad, 71 Mo.-514; Baile v. Railroad, 97 Mo. 75; Ischer v. Bridge Co., 95 Mo. 261; O’Brienv. Steel Co., 100Mo. 182; Bolen v. Ins.
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Appeal from Osage Circuit Court. — Hon. Eudolph Hibzel, Judge. (1) The court should have sustained the demurrer to plaintiff’s evidence. There is neither averment nor proof that the sudden stopping of the train was caused by the absence of the rules. Merle v. Hascoll, 10 Mo. 406; Barker v. Railroad, 44 Mo. 488; Waldhier v. Railroad, 71 Mo.-514; Baile v. Railroad, 97 Mo. 75; Ischer v. Bridge Co., 95 Mo. 261; O’Brienv. Steel Co., 100Mo. 182; Bolen v. Ins. Co., 20 Iowa, 562. (2) There was no proof as to what caused the train to stop. (3) Plaintiff’s evidence affirmatively shows that the employes…
1Opinion of the CourtThomas, J.
Plaintiff recovered judgment in. the circuit court of Osage county for $5,000 damages for personal injuries, and defendant appealed.
Plaintiff was a switchman in defendant’s yards .at. Chamois, and defendant’s negligence, which, it is. *317claimed, caused the injury, is specified. by plaintiff in his petition as:
First. That the defendant “did not have made- and published amongst its employes, at said town of Chamois, any system of signals by which the various servants of defendant engaged in working in the yards-aforesaid should be governed, and by the use of which one employe could protect and…
2Cases cited3 opinions
- Abel v. President, Managers & Co. of the Delaware & Hudson Canal Co.New York Court of Appeals · 1886
- Ford v. Lake Shore & Michigan Southern Railway Co.New York Court of Appeals · 1891
- Reagan v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1887
3Cited by13 opinions
- Babcock Bros. Lumber Co. v. JohnsonSupreme Court of Georgia · 1904
- Rutledge v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Devault v. TrumanSupreme Court of Missouri · 1946
- Flynn v. GordonSupreme Court of New Hampshire · 1933
- Koewing v. Greene County Building & Loan Ass'nSupreme Court of Missouri · 1931
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