Browning v. Wabash Western Railway Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Court.—Hon. G-. D. Burgess, Judge. (1) The mere fact that the brake-staffs were removed from the nine. cars of steel, did not make out a prima facie case of negligence against the defendant. Bowen v. Railroad, 95 Mo. 268; Taller v. Railroad, 93 Mo( 79; Wood on Master and Servant [2 Ed.], sec. 346; p. 708; Randall v. Railroad, 109 U. S. 478; Railroad v. Hughes (Pa.), 33 Am. and Eng.
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Appeal from Chariton Circuit Court.—Hon. G-. D. Burgess, Judge. (1) The mere fact that the brake-staffs were removed from the nine. cars of steel, did not make out a prima facie case of negligence against the defendant. Bowen v. Railroad, 95 Mo. 268; Taller v. Railroad, 93 Mo( 79; Wood on Master and Servant [2 Ed.], sec. 346; p. 708; Randall v. Railroad, 109 U. S. 478; Railroad v. Hughes (Pa.), 33 Am. and Eng. Railroad Oases, 348. (2) The removal of the brakes from the nine cars of steel was not the proximate cause of the injury. Henry v. Railroad, 76 Mo. 288; Carter v. Towne, 103 Mass. 507;…
1Opinion of the CourtBarclay, J.
This is an action to recover statutory damages, on account of the death of plaintiff’s husband, ascribable, as she charges, to negligence of defendant, in particulars which will appear later.
The pleadings need not be detailed. They made certain issues, hereafter shown, which were submitted for trial before Judge Burgess and a jury.
Plaintiff is the widow of Joseph Browning, a locomotive engineer, who was killed while in defendant’s service. At the time of his death he was twenty-eight years old, had always been in good health, and was earning, on an average, $150 per month.
Bridgeton is a…
2Cases cited6 opinions
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Lowery v. . Manhattan Railway Co.New York Court of Appeals · 1885
- Gibney v. . StateNew York Court of Appeals · 1893
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- St. Louis Bridge Co. v. MillerIllinois Supreme Court · 1891
1 more not listed; retrieve them via the Exa API.
3Cited by97 opinions
- Geismann v. Missouri-Edison Electric Co.Supreme Court of Missouri · 1903
- Matthews v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1898
- Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
- Jablonowski v. Modern Cap Manufacturing Co.Supreme Court of Missouri · 1925
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
92 more not listed; retrieve them via the Exa API.