Williams v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Count. — Hon. James G-ibson, Judge. (1) The court should have directed the jury to find for the defendant. Huffman v. Railroad, 78 Mo. 50; Wood on Master & Servant, sec. 419, p. 800; Zwmwalt v. Railroad, 35 Mo. App. 661. The burden of showing incompetenoy on the part of Clark, and notice of this fact to defendant, rested on plaintiff.
Read the full summary
Appeal from Jackson Circuit Count. — Hon. James G-ibson, Judge. (1) The court should have directed the jury to find for the defendant. Huffman v. Railroad, 78 Mo. 50; Wood on Master & Servant, sec. 419, p. 800; Zwmwalt v. Railroad, 35 Mo. App. 661. The burden of showing incompetenoy on the part of Clark, and notice of this fact to defendant, rested on plaintiff. Munphy v. Railroad, 71 Mo. 202; Lee v. Works, 62 Mo. 565; Moss v. Railroad, 49 Mo. 167; Shearman & Bedfield on Negligence, sec. 99; Railroad v. Sullivan, 63 111. 293. There is an entire -want of evidence tending to show that the…
1Opinion of the CourtBlack, J.
Plaintiff brought this suit to recover damages for injuries received while in the employ of defendant as head brakeman on a freight train on the defendant’s branch road from Pleasant Hill to Nevada. The cause of action, speaking in general terms, is that plaintiff was injured by reason of the negligence of the engineer, who, it is alleged, was an incompetent and *480unfit person for the service, because of intemperate habits. Yerdict and judgment for plaintiff.
The train gang was composed of Reed, conductor; Otis Clark, engineer; Joy, fireman; plaintiff, head brakeman, and two other brakemen. The…
2Cases cited1 opinion
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
3Cited by15 opinions
- James v. Mutual Reserve Fund Life Ass'nSupreme Court of Missouri · 1899
- Davis v. MerrillSupreme Court of Virginia · 1922
- Savannah Electric Co. v. WheelerSupreme Court of Georgia · 1907
- Fisher v. Central Lead Co.Supreme Court of Missouri · 1900
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1895
10 more not listed; retrieve them via the Exa API.