Gentry v. Wabash Railroad
Missouri Court of Appeals
Appeal from. Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) The court erred m refusing to instruct a verdict for the defendant at the close of the evidence for the plaintiffs and also at the close of all the evidence, (a) There was no proof that the foreman’s order was negligent, (b) The proof was that Gentry did not obey the foreman’s order but acted voluntarily sometime afterward and acted under totally different circumstances.
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Appeal from. Audrain Circuit Court. — Eon. James D. Barnett, Judge. (1) The court erred m refusing to instruct a verdict for the defendant at the close of the evidence for the plaintiffs and also at the close of all the evidence, (a) There was no proof that the foreman’s order was negligent, (b) The proof was that Gentry did not obey the foreman’s order but acted voluntarily sometime afterward and acted under totally different circumstances. (c) Gentry’s negligence bars a recovery. Hutchinson v. Eailroad, 195 Mo. 546; Stotler v. Eailroad, 204 Mo. 619; Green v. Railroad, 192 Mo. 131; Schmidt…
1Opinion of the CourtAllen, J.
This is an action for death under section 5426, Revised Statutes 1909. The deceased, one Curtis Gentry, was struck and killed by one of defendant’s train while working as a section hand in the employ of defendant. 'He left no wife surviving him, and the action is by his minor children, brought by their guardian and curator. Pláintiffs recovered and defendant prosecutes the appeal.
On November 30, 1909, the deceased, in the course of his employment by defendant, was engaged with other laborers in “surfacing” a portion of defendant’s track, at a point about three-quarters of mile ‘east of…
2Cases cited9 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- State v. RuckSupreme Court of Missouri · 1906
- Stoher v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- State v. PhillipsSupreme Court of Missouri · 1911
- Sipple ex rel. Sipple v. Laclede Gaslight Co.Missouri Court of Appeals · 1907
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3Cited by1 opinion
- Most v. Goebel Construction Co.Missouri Court of Appeals · 1918