Charlton v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Andrew F. Evans, Judge. (1) Respondent was guilty of negligence in placing and maintaining the water crane so near the track that it was dangerous to brakemen who in the performance of their duties might be upon the side ladders of box cars passing it.
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Appeal from Jackson Circuit Court. — Hon. Andrew F. Evans, Judge. (1) Respondent was guilty of negligence in placing and maintaining the water crane so near the track that it was dangerous to brakemen who in the performance of their duties might be upon the side ladders of box cars passing it. Railroad v. McDade, 191 U. S. 64; Railroad v. Michaelis, 57 Kan. 474; Railroad v. Thompson, 94 Ala. 636; Railroad v. Davis, 92 Ala. 300 ; Central Trust Co. v. Railroad, 73 Fed. 661; Wither v. Somerset Traction Co., 98' Me. 61; Railroad v. Man-sell, 138 Ala. 548; Murphy v. Railroad, 115 Mo. Ill; Railroad…
1Opinion of the CourtLamm, J.
James W. Charlton was a freight brakeman in the defendant’s employ. In June, 1902, while climbing the ladder of a box car in his train, his body came in contact with a standpipe or water crane maintained by defendant close to its track to supply its passenger engines with water at Paola, Kansas.. He was knocked from the car and mortally wounded, shortly thereafter dying in a hospital.
His father and mother sue by virtue of certain statutes of the State of Kansas for $10,000 damages.
*419At the close of plaintiff’s case, the court gave an instruction on behalf of defendant in the nature of a…
2Cases cited29 opinions
- Choctaw, Oklahoma & Gulf R. R. v. McDadeSupreme Court of the United States · 1903
- District of Columbia v. ArmesSupreme Court of the United States · 1883
- Curtis v. McNairSupreme Court of Missouri · 1903
- Illinois Central Railroad v. WelchIllinois Supreme Court · 1869
- Blanton v. DolbSupreme Court of Missouri · 1891
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3Cited by46 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Taylor v. Kansas CitySupreme Court of Missouri · 1938
- Chambers v. LoftinSupreme Court of Florida · 1953
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
- Griffith v. GardnerSupreme Court of Missouri · 1949
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