Johnson v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appealed from Barton Circuit Court.- — Hon. B. G. Thurman, Judge. (1) Appellant was not an insurer of its employees and was only required to maintain-the depot platform in a reasonably safe condition; the evidence in this case fails to show neglect of this duty on the part of the appellant. Hutchison on Carriers (2 ed.), sec. 521; 4 Elliott on Railroads, sec. 1590; Gunderman v. Railroad, 58 Mo.
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Appealed from Barton Circuit Court.- — Hon. B. G. Thurman, Judge. (1) Appellant was not an insurer of its employees and was only required to maintain-the depot platform in a reasonably safe condition; the evidence in this case fails to show neglect of this duty on the part of the appellant. Hutchison on Carriers (2 ed.), sec. 521; 4 Elliott on Railroads, sec. 1590; Gunderman v. Railroad, 58 Mo. App. 370; Robertson v. Railroad, 152 Mo. 382; Joyce v. Railway, 219 Mo. 344; Tabler v. Railroad, 93 Mo. 79; Gattis v. Railroad, 153 Mo. 403; Goranson v. Mfg. Co., 186 Mo. 300; Epperson v. Cable Co.,…
1Opinion of the CourtGray, J.
This is an action for personal injuries suffered by plaintiff at Richland, this state, November 20, 1910. He was head brakeman on a freight train, consisting of thirteen cars and a caboose, running from Springfield to Newburg. As the train approached Richland about nine o’clock p. m. a signal was displayed at the station which indicated there was an order for the train. The signal displayed indicated that the character of the order did not necessarily require the train to stop, but the operator could deliver it to the crew as the train passed the station. The plaintiff was riding on the…
2Cases cited17 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Town of Albion v. HetrickIndiana Supreme Court · 1883
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Coffey v. City of CarthageSupreme Court of Missouri · 1905
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3Cited by4 opinions
- Wiser v. Missouri Pacific Railroad CompanySupreme Court of Missouri · 1957
- Aeby v. Missouri Pacific RailroadSupreme Court of Missouri · 1926
- Cody v. LuskMissouri Court of Appeals · 1914
- Pierce v. Spokane International Railway Co.Washington Supreme Court · 1942