Parker v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The plaintiff failed to establish by evidence-that the servants of the defendant running and managing the construction train failed to warn the men at work on its track of the approach of the train, as-charged in the petition. The only evidence produced was the negative statement of men who were not. expecting a train, and whose attention was engrossed in their labor.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The plaintiff failed to establish by evidence-that the servants of the defendant running and managing the construction train failed to warn the men at work on its track of the approach of the train, as-charged in the petition. The only evidence produced was the negative statement of men who were not. expecting a train, and whose attention was engrossed in their labor. It was not sufficient to entitle the-plaintiff to go to the jury. Gathcart v. Railroad, 19 Mo. App. 118; Thompson on Trials, see. 391, p. 349. (2) Whatever -may be…
1Opinion of the CourtGantt, J.
The plaintiff, as the widow of William C. Parker, commenced this action December 2, 1886, against the defendant to recover damages sus*366tained by ber by reason of tbe death of her husband, who was killed by a construction train on defendant’s track, near Randolph Bluff, on the twenty-sixth day of •October, 1886.
Plaintiff’s husband had been engaged as a section hand or track laborer for the defendant for about two years prior to his death. On the twenty-sixth of October, 1886, he was engaged at work on defendant’s track at a place called Randolph Bluff with the rest of the ' section men, and had…
2Cases cited13 opinions
- Randall v. Baltimore & Ohio RailroadSupreme Court of the United States · 1883
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- McGowan v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1876
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- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Norman v. HortonSupreme Court of Missouri · 1939
- Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
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