Williams v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Greene Circuit Court. — Hon. 0. B. McAeee Special Judge. (1) The evidence presents a case of manifest .negligence on the part of the defendant. It was the duty of the defendant to keep its track in such condition of repair as to make it safe for its employees while engaged thereon in the performance of their duties, and if it failed so to do, it is liable.
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Appeal from Greene Circuit Court. — Hon. 0. B. McAeee Special Judge. (1) The evidence presents a case of manifest .negligence on the part of the defendant. It was the duty of the defendant to keep its track in such condition of repair as to make it safe for its employees while engaged thereon in the performance of their duties, and if it failed so to do, it is liable. Snow v. Railroad, 8 Allen, 441; Gay ser v. Taylor, 10 Gray, 274; Leivis v. Railroad, 59 Mo. 495; Huhn v. Railroad, 92 Mo. 440; Gibson v. Railroad, 46 Mo. 163; Conroy v. Iron Works, 62 Mo. 35. (2) It was the duty of the section…
1Opinion of the CourtMacfablane, J.
This is an action for damages on account of personal injuries received by plaintiff in coupling cars while in the employ of defendant as switchman. The injury occured in the yard of defendant used in connection with its repair shops at Springfield. This yard consisted of a number of tracks, some of them used for holding cars brought there for repair.
The negligence charged in the petition, was that defendant, wholly disregarding its duty to plaintiff, did “so carelessly and negligently keep its said tracks, in said yard, by not leveling and grading up the same, but by allowing the same to be…
2Cases cited7 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
2 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Hollenbeck v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1897
18 more not listed; retrieve them via the Exa API.