Tetwiler v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) The switchmen in failing to give any warning to Allen, who was about to pass between uncoupled freight cars on the repair track, and the engineer, who - was in plain view of the torches of Allen and Sheets, in backing up the engine without any ringing of the bell or sounding of the whistle or other warning, were guilty of gross negligence. 4 Thompson on Negligence, sec. 4489, p. 552; Black v. Railroad, 172…
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Appeal from Butler Circuit Court. — Eon. J. G. Sheppard, Judge. (1) The switchmen in failing to give any warning to Allen, who was about to pass between uncoupled freight cars on the repair track, and the engineer, who - was in plain view of the torches of Allen and Sheets, in backing up the engine without any ringing of the bell or sounding of the whistle or other warning, were guilty of gross negligence. 4 Thompson on Negligence, sec. 4489, p. 552; Black v. Railroad, 172 Mo. 177; Penney v. Stock Yards Co., 212 Mo. 328; Rinard v. Railroad, 164 Mo. 274; Wilkins v. Railroad, 101 Mo. 105;…
1Opinion of the Court
BROWN, C.
This is an action under section 2864, Revised Statutes 1899, for the death of Thomas Allen, an employee of defendant, who is alleged in the petition to have been killed while passing between two of defendant’s uncoupled freight cars, by the negligence of defendant in running one of the cars against him and crushing him between them. The answer was a general denial, a plea that the deceased was employed to work in and about the defendant’s roundhouse and yards at Poplar Bluff and upon and about its engines, and that in accepting* such employment he assumed all the risks incident…
Also in this document: Concurrence.
2Cases cited7 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Donohue v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Meily v. St. Louis & San Franoisco RailroadSupreme Court of Missouri · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Borrson v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1943
- Blue Bar Taxicab & Transfer Co. v. HudspethArizona Supreme Court · 1923
- Halverson v. BlosserSupreme Court of Kansas · 1917
17 more not listed; retrieve them via the Exa API.