Hollenbeck v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) The trial court committed error in overruling defendant’s objection to the question asked by plaintiff’s attorney: “What is a slow and safe rate of speed to do coupling and uncoupling when switching cars?” This question assumed a fact which had not been ■proven; that is, that there was “a safe rate of speed for coupling and uncoupling cars.” Haish v. Munday, 12 Brad.
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Appeal from Jackson Circuit Court. — Hon. James G-ibson, Judge. (1) The trial court committed error in overruling defendant’s objection to the question asked by plaintiff’s attorney: “What is a slow and safe rate of speed to do coupling and uncoupling when switching cars?” This question assumed a fact which had not been ■proven; that is, that there was “a safe rate of speed for coupling and uncoupling cars.” Haish v. Munday, 12 Brad. (111.) 545; People v. Mather, 4 Wend. 249; People v. Graham, 21 Cal. 261. (2) The question asked plaintiff by his counsel as to his having a family was…
1Opinion of the CourtBurgess, J.
— This is an action for damages for personal injuries sustained by plaintiff while in the service of defendant as a brakeman, because of an alleged defect in its roadbed, which resulted in the loss of his left leg. The answer alleges contributory negligence on the part of plaintiff. He recovered a verdict and judgment for $10,000 damages and defendant appealed.
The facts are substantially as follows:
The accident occurred at a station on the line of defendant’s road, in the State of Kansas, on the seventeenth day of February, 1892. At the time plaintiff was in the employ of defendant in the…
Also in this document: Concurrence.
2Cases cited17 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
12 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Smoot v. Kansas CitySupreme Court of Missouri · 1906
- Merrick v. Bridgeways, Inc.Supreme Court of Missouri · 1951
- Van Bibber v. Swift & Co.Supreme Court of Missouri · 1921
- State v. SykesSupreme Court of Missouri · 1905
- Marshall v. OlsonOregon Supreme Court · 1922
30 more not listed; retrieve them via the Exa API.