Lock v. Chicago, Burlington & Quincy Railroad
Supreme Court of Missouri
Appeal from Lina Circuit Court. — IJ.on. Fred Lamb, Judge. (1) The instruction in the nature of a demurrer to-the evidence offered at the close of plaintiff’s cas© and again at the close- of all the evidence, should have been given, (a) In actions under the Federal Employers’ Liability Act negligence is essential to a recovery and it is an -affirmative fact, which must be established by competent evidence.
Read the full summary
Appeal from Lina Circuit Court. — IJ.on. Fred Lamb, Judge. (1) The instruction in the nature of a demurrer to-the evidence offered at the close of plaintiff’s cas© and again at the close- of all the evidence, should have been given, (a) In actions under the Federal Employers’ Liability Act negligence is essential to a recovery and it is an -affirmative fact, which must be established by competent evidence. The statute prescribes that the “defect or insufficiency” in the “track” or “roadbed” causing the injury must be “due to negligence.” Seaboard A. L. R. Go. v. Horton, 233 U. S. 49-2 ; Fish…
1Opinion of the CourtWalker, C. J.
This is an action predicated on the Federal Employers’ Liability Act, for personal injuries. It was brought by the respondent against the appellant in the Circuit Court of Linn County, where it was tried in March, 1916, resulting in a verdict in favor of the respondent in the sum of $10,000. A review of the judgment rendered thereon is sought by the appellant.
Appellant maintains, at Hannibal, a terminal yard, which has thereon various buildings, a main, transfer and switching tracks, necessary in the operation of its business as a railway company. Respondent at the time of his injury was…
2Cases cited18 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Michigan Central Railroad v. VreelandSupreme Court of the United States · 1913
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dempsey v. ThompsonSupreme Court of Missouri · 1952
- Doyle v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1930
- Chicago Great Western Ry. Co. v. PeelerCourt of Appeals for the Eighth Circuit · 1944
- McKeighan v. Kline's Inc.Supreme Court of Missouri · 1936
- Tash v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1934
11 more not listed; retrieve them via the Exa API.