Minnier v. Sedalia, Warsaw & Southwestern Railway Co.
Supreme Court of Missouri
Appeal from Benton Circuit Court. — Hon. W. W. Graves, Judge. Instruction 13, as asked by defendant, is tbe law. Tbe evidence shows that tbe car, tbe forward truck of wbicb was derailed, bad been made for and adopted as a part of tbe car equipment of tbe company and bad been in repeated use on its road in. trains operated by tbe deceased before the accident.
Read the full summary
Appeal from Benton Circuit Court. — Hon. W. W. Graves, Judge. Instruction 13, as asked by defendant, is tbe law. Tbe evidence shows that tbe car, tbe forward truck of wbicb was derailed, bad been made for and adopted as a part of tbe car equipment of tbe company and bad been in repeated use on its road in. trains operated by tbe deceased before the accident. These became a part of the implements with which defendant conducted its business, and if these increased the risks of the employment in which deceased was engaged they became a part of the ordinary risks which the employee, by continuing…
1Opinion of the CourtMarshall, J.
The plaintiff recovered a judgment for five thousand dollars damages for the death of her husband on the second of November, 1897, caused by an accident on the defendant’s road at a point about three miles north of Warsaw. Her husband was the engineer of the train. The defendant appeals.
The negligence charged in the petition is, “first, that the *103roadbed, track, ties, bridges and trestles were out of repair and were not in a reasonably safe and sound condition; second, that the defendant failed to furnish a sufficient number of competent brakemen to handle the train, and that one of those…
2Cases cited5 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Blanton v. DolbSupreme Court of Missouri · 1891
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Jackson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
3Cited by32 opinions
- Zesch v. the Abrasive Co. of PhiladelphiaSupreme Court of Missouri · 1944
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Reichmuth v. AdlerSupreme Court of Missouri · 1941
- Saller v. Friedman Bros. Shoe Co.Missouri Court of Appeals · 1907
- Butz v. Murch Bros. Construction Co.Supreme Court of Missouri · 1906
27 more not listed; retrieve them via the Exa API.