Page v. Payne
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. Daniel E. Bird, Judge. (1) The safety appliance act is not applicable. That act creates a liability irrespective of negligence and irrespective of the fact that the employer has exercised ordinary care. Its effect is to create and impose a penalty. To allow recovery under it would be to inflict a penalty upon the Director General of Railroads and the Federal Government, and this cannot be done.
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Appeal from Jackson Circuit Court. — Eon. Daniel E. Bird, Judge. (1) The safety appliance act is not applicable. That act creates a liability irrespective of negligence and irrespective of the fact that the employer has exercised ordinary care. Its effect is to create and impose a penalty. To allow recovery under it would be to inflict a penalty upon the Director General of Railroads and the Federal Government, and this cannot be done. Iron Mountain Railroad Co. v. Taylor, 210 U. S. 281; Mo. Pac. Ry. Co. v. Ault, 41 Sup. Ct. Rep. 593. The movement in progress when plaintiff was injured was a…
1Opinion of the Court
Personal injury case. The plaintiff was a switchman employed by the Director General of Railroads in control of and operating the Rock Island Railroad. He was injured September 4, 1919, while engaged in switching an interstate livestock train at the stock yards in Kansas City, Kansas. At the time he was on the top of a car, attempting to release the hand-brake thereon, said brake having been previously set. The "shank" of the "dog" in the ratchet wheel attached to the brake, the plaintiff testified, was broken off, so that he could not use it to release the brake, but he was required to pry…
2Cases cited9 opinions
- St. Louis, Iron Mountain & Southern Railway Co. v. TaylorSupreme Court of the United States · 1908
- State v. ShockleyUtah Supreme Court · 1905
- State v. DavisSupreme Court of Missouri · 1920
- Strother v. ChristySupreme Court of Missouri · 1829
- Smith v. . SmithSupreme Court of North Carolina · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Fisher v. GunnSupreme Court of Missouri · 1954
- Forbis v. Associated Wholesale Grocers, Inc.Missouri Court of Appeals · 1974
- Jones v. CommonwealthMassachusetts Supreme Judicial Court · 1951
- Helton v. HuckebaSupreme Court of Missouri · 1955
- Maas v. Midway Chevrolet Co.Supreme Court of Minnesota · 1945
7 more not listed; retrieve them via the Exa API.