Smith v. Union Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Circuit Court. When one enters the service of the city as a fireman, he he does so with full knowledge that in the discharge of his duties he will be compelled to move rapidly over the streets, and assume risks flowing therefrom. The deceased had full knowledge of the condition of the streets, or ample opportunity to acquire that knowledge.
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Appeal from St. Louis Circuit Court. When one enters the service of the city as a fireman, he he does so with full knowledge that in the discharge of his duties he will be compelled to move rapidly over the streets, and assume risks flowing therefrom. The deceased had full knowledge of the condition of the streets, or ample opportunity to acquire that knowledge. Such knowledge raised a presumption of negligence on the part of the deceased, and required proof to negative this presumption, and in the absence of such proof it became the duty of the court to instruct the jury, that plaintiffs…
1Opinion of the CourtNapton, Judge
This action was brought to recover damages for the death of plaintiff’s father, caused by the overturning of a hose carriage on 13th street, in the city of St. Louis, where the railroad company had a part of its track.
*590It appeared that the rails of the company between Sanlsburv street, on which there was a fire engine and hose station, and the street south of it, liad become by reason of the travel of wagons on the side of the track, or from some other cause, some three or four inches higher than the street. There was a turntable and a. switch track on 13th street near the junction with…
2Cases cited2 opinions
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Cornelius v. City of AppletonWisconsin Supreme Court · 1868
3Cited by14 opinions
- Frandeka v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Kelly v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Solen v. Virginia & Truckee RailroadNevada Supreme Court · 1878
- Stoddard v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
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