Hill v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — No». O. A. Lucas, Judge. (1) Tire plaintiff’s action in voluntarily riding on a ear which lie knew to be in “bad order” prevents Ms recovery. Hager v. Terminal Ry. Association, 207 Mo. 302. (2) The evidence is insufficient to make a case of negligence against defendant. The alleged custom in regard to the use of the yards was not proven. Shields v. Railroad, 87 Mo. App. 637; B;oyd v. Graham, 5 Mo.
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Appeal from Jackson Circuit Court. — No». O. A. Lucas, Judge. (1) Tire plaintiff’s action in voluntarily riding on a ear which lie knew to be in “bad order” prevents Ms recovery. Hager v. Terminal Ry. Association, 207 Mo. 302. (2) The evidence is insufficient to make a case of negligence against defendant. The alleged custom in regard to the use of the yards was not proven. Shields v. Railroad, 87 Mo. App. 637; B;oyd v. Graham, 5 Mo. App. 403; Lee v. Railroad, 195 Mo. 400. (1) Voluntarily riding upon the car in question, which happened to be labeled “bad order,” does not prevent plaintiff…
1Opinion of the CourtTrimble, J.
Plaintiff was foreman of a switching crew in defendant’s railroad yard in that part of Kansas City, Missouri, known as the East Bottoms.
So far as this case is concerned, the railroad yard in question contains parallel tracks numbered consecutively from one to twenty-two both inclusive, all connected, by proper switch facilities, with a single track called the “lead track” or “North Tard lead track.” This lead track ran practically east and west and the numbered tracks ran off from it in a general northwest direction at such an angle that cars or trains of cars could be brought along the lead…
2Cases cited8 opinions
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Yost v. Union Pacific RailroadSupreme Court of Missouri · 1912
- Briscoe v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1908
- Hager v. Terminal RailroadSupreme Court of Missouri · 1907
- Lewis v. Wabash RailroadMissouri Court of Appeals · 1909
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3Cited by1 opinion
- Mech v. Terminal Railroad Assn.Supreme Court of Missouri · 1929