Fussellman v. Wabash Railroad
Missouri Court of Appeals
Appeal from the, Adair County Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The court erred in refusing to direct a verdict for defendant on plaintiff’s claim for personal injuries and in refusing defendant’s instructions 2 and 3. Bruce v. Railway, 116 S. W. 447; Richmond y. Railway, 133 Mo. App. 463; Crawford y.
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Appeal from the, Adair County Circuit Court. — Hon. Nat M. Shelton, Judge. (1) The court erred in refusing to direct a verdict for defendant on plaintiff’s claim for personal injuries and in refusing defendant’s instructions 2 and 3. Bruce v. Railway, 116 S. W. 447; Richmond y. Railway, 133 Mo. App. 463; Crawford y. Stockyards Co., 114 S. W. 1063, top col. 1, by Valliant, C. J., and cases cited; 215 Mo. 414. (2) The court erred in giving plaintiff’s instruction 1. It purports to cover the whole case and ignores the defense of contributory negligence. Gabriel v. Railway, 112 S. W. 711; 115 S.…
1Opinion of the Court
BROADDUS, P. J. —
This is a suit for damages for injuries plaintiff claims he sustained to his person, and for injury to certain personal property by reason of the alleged negligence of defendant.
In January, 1907, plaintiff shipped some household goods, farming utensils, baled hay, and two horses and one mule over defendant’s railroad from Kansas City to Kirksville. The property was all shipped in one car, the horses and mule being separated from the other property by a temporary partition.
The contract made it the duty of plaintiff to look after and care for the stock, and to look after the…
2Cases cited6 opinions
- State v. BrooksSupreme Court of Missouri · 1887
- Mirrielees v. Wabash RailroadSupreme Court of Missouri · 1901
- Bolton v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1903
- Saxton National Bank v. BennettSupreme Court of Missouri · 1897
- Brinton v. ThomasMissouri Court of Appeals · 1909
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- State Ex Rel. Vulgamott v. TrimbleSupreme Court of Missouri · 1923
- Smith v. Ozark Water Mills Co.Missouri Court of Appeals · 1922
- Giles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Hamilton v. BoydSupreme Court of Iowa · 1934
- Beaty v. N. W. Electric Power Cooperative, Inc.Missouri Court of Appeals · 1958
2 more not listed; retrieve them via the Exa API.