Church v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Charles Dixon and the engineer were fellow servants and defendant’s instruction number 3 should have been given. (2) The court at the close of the evidence for the plaintiff should have instructed the jury to return a verdict for the defendant, for the reason that it was the duty of deceased to keep the cable off tbe track, and failing to so do, Ms own negligence contributed directly to his death.
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Appeal from Lafayette Circuit Court. — Hon. Richard Field, Judge. (1) Charles Dixon and the engineer were fellow servants and defendant’s instruction number 3 should have been given. (2) The court at the close of the evidence for the plaintiff should have instructed the jury to return a verdict for the defendant, for the reason that it was the duty of deceased to keep the cable off tbe track, and failing to so do, Ms own negligence contributed directly to his death. JEvans v. Railroad, 62 Mo. 52; Turner v. Railroad, 74 Mo. 602; Yancy v. Railroad, 93 Mo. 433; Fletcher v.- Railroad, 64 Mo. 484.…
1Opinion of the CourtBlack, P. J.
The plaintiff, Kate Church, brought this suit to recover damages for the death of her former husband, Charles Dixon. Since that time she married William Church. The case was here before on an appeal from the ruling of the trial court, sustaining a demurrer to the plaintiff’s evidence (109 Mo. 413). On the last trial the defendant produced much evidence, and at the close thereof, asked the court to give an instruction that on the pleadings and all the evidence the plaintiff could not recover, which the court refused, and this ruling is now assigned as error, the claim being that the undisputed…
2Cases cited10 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Bryan v. WearSupreme Court of Missouri · 1835
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3Cited by7 opinions
- Davidson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Sharp v. City of CarthageSupreme Court of Missouri · 1928
- Armstrong v. Modern Brotherhood of AmericaMissouri Court of Appeals · 1908
- Dunlap v. Mallinckrodt Chemical WorksMissouri Court of Appeals · 1911
- Davies v. People's Railway Co.Missouri Court of Appeals · 1896
2 more not listed; retrieve them via the Exa API.