Porter v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clinton Circuit Court. — Hon. Geo. W. Dunn, Judge. 1. The defect through which the plaintiff claims to have received his injury being an open and obvious one, which any person, by the use of his ordinary faculties, could, have observed and avoided, the plaintiff assumed the risk of injury from such defect. Laning v. N. 7. G. B. B. Co., 49 N. Y. 521, 532; De Graff v. B. B. Co., 3 T. & C.' (N. Y.) Sup. Ct. 257, 255 ; Cagney v. H. $ St. Jo.
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Appeal from Clinton Circuit Court. — Hon. Geo. W. Dunn, Judge. 1. The defect through which the plaintiff claims to have received his injury being an open and obvious one, which any person, by the use of his ordinary faculties, could, have observed and avoided, the plaintiff assumed the risk of injury from such defect. Laning v. N. 7. G. B. B. Co., 49 N. Y. 521, 532; De Graff v. B. B. Co., 3 T. & C.' (N. Y.) Sup. Ct. 257, 255 ; Cagney v. H. $ St. Jo. B.'B. Co., 69 Mo. 416; Smith v. B. B. Co., 69 Mo. 38, 32; McGlynn v. Brodie, 31 Cal. 376; Stone v. Oregon Mavfg. Co., 4 Oregon 52, 56; Hayden v.…
1Opinion of the CourtHenry, J.
-This suit was instituted in the Buchanan circuit court by plaintiff, anmmployee of the defendant, to recover damages for an injury sustained by him while engaged as a brakeman, in consequence of a defective track which it is alleged in the petition, was on the 5th day of March, 1873, and for a long time prior thereto had been entirely unsafe and extremely, dangerous to defendant’s employees, of which defendant had notice and plaintiff was ignorant. j
The evidence for plaintiff tended to prove, and we think proved, the condition of the track to have been as alleged by plaintiff. The ties upon…
2Cases cited22 opinions
- Ford v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1872
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
17 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Furnish v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
61 more not listed; retrieve them via the Exa API.