Moore v. Kansas City, Ft. Scott & Memphis Railway Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The defendant was guilty of negligence when it failed to furnish plaintiff a properly constructed crooked link to enable him to make the coupling with reasonable safety, and even though plaintiff knew the effort to make such coupling with a straight link was dangerous, yet if he believed it could be done with care and caution on his part, and he did exercise care and caution in the effort to make such…
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Appeal from Greene Circuit Court. — Hon. James T. Neville, Judge. (1) The defendant was guilty of negligence when it failed to furnish plaintiff a properly constructed crooked link to enable him to make the coupling with reasonable safety, and even though plaintiff knew the effort to make such coupling with a straight link was dangerous, yet if he believed it could be done with care and caution on his part, and he did exercise care and caution in the effort to make such coupling, then he was not guilty of contributory negligence, defendant is liable for his injuries received in such effort,…
1Opinion of the CourtWilliams, J.
Plaintiff sues for damages on account of personal injury received while in defendant’s employ as a switchman.
The facts, upon which he predicates the liability of the railway company, are these: It was plaintiff’s duty under his employment to couple together the cars in making up freight trains in its yards at Springfield. He was engaged in so doing on the twelfth of January, 1895, when it became necessary for him to make a coupling between two cars, the drawheads of which were of unequal height. Defendant failed to furnish crooked links for that purpose, and plaintiff was compelled to use a…
2Cases cited2 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Yancey v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
3Cited by18 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Hurst v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1901
- New York, Chicago & St. Louis Railroad v. HamlinIndiana Supreme Court · 1907
- Rogers v. Tegarden Packing Co.Missouri Court of Appeals · 1914
- Hirsch v. Freund Bros. Bread Co.Missouri Court of Appeals · 1910
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