McCord v. Schaff
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Samuel Davis Judge. (1) The court erred in overruling defendant’s peremptory instruction to find for the defendant. The specification of negligence on which plaintiff went to the jury was in substance and effect that the explosion was occasioned solely by the negligence of the engineer in failing to see that the engine was properly supplied with water. Plaintiff must stand or fall under the foregoing specific charge of negligence.
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Appeal from Saline Circuit Court. — Hon. Samuel Davis Judge. (1) The court erred in overruling defendant’s peremptory instruction to find for the defendant. The specification of negligence on which plaintiff went to the jury was in substance and effect that the explosion was occasioned solely by the negligence of the engineer in failing to see that the engine was properly supplied with water. Plaintiff must stand or fall under the foregoing specific charge of negligence. Northam v. United Rys. Co., 176 S. W. 229; McNamee v. Ry. Co., 135 Mo. 447; Yall v. G-illham, 187 Mo. 498; Roscoe v. Ry.…
1Opinion of the Court
MOZLEY, C.
This action was brought under the Federal Employers’ Liability Act and seeks to recover damages on account of the death of Orvis McCord, who was a fireman on an engine and an inter-state employee of defendant. On the 4th day of July, 1916, the engine on which McCord was working as fireman, when about fifteen miles from Sedalia, Pettis County, Missouri, pulling an extra freight, exploded, and so injured McCord that he died a few hours later without regaining consciousness. The explosion occurred by reason of not having sufficient water in the boiler of the engine. In addition to the…
2Cases cited4 opinions
- Illinois Central Railroad v. CrudupMississippi Supreme Court · 1885
- Reyburn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
- Stevens v. Kansas City Light & Power Co.Missouri Court of Appeals · 1919
- McClanahan v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
3Cited by15 opinions
- Griffey v. Pacific Electric Railway Co.California Court of Appeal · 1922
- Crabtree v. KurnSupreme Court of Missouri · 1943
- Hertz v. McDowellSupreme Court of Missouri · 1948
- Baker v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1931
- Hasenjaeger v. Missouri-Kansas-Texas RailroadMissouri Court of Appeals · 1932
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