Adams v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus,. J udge. The deceased voluntarily placed himself in a hazardous position, and there can be no recovery for his death. Hallihan v. R. R. Co., 71 Mo. 113; Lake Shore R. R. Co. v. Hart, 87 111. 529. The evidence as to the statement made by the fireman was inadmissible. McDermott v. R..
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Appeal from Livingston Circuit Court. — Hon. E. J. Broaddus,. J udge. The deceased voluntarily placed himself in a hazardous position, and there can be no recovery for his death. Hallihan v. R. R. Co., 71 Mo. 113; Lake Shore R. R. Co. v. Hart, 87 111. 529. The evidence as to the statement made by the fireman was inadmissible. McDermott v. R.. R. Co., 73 Mo. 546; Garth v. Howard, 8 Bing. 451. cited Brownell v. R. R. Co., 47 Mo. 239; Harriman v. Stowe,. 57 Mo. 96; Hanover R. R.. Co. v. Coyle, 55 Pa. Sc. 402; Insurance Co. v. Mosley, 8 Wall. 397 ;■ Comm. v. McPike, 3-Cush. 181 ; People v.…
1Opinion of the CourtHenry, J.
This is an action by respondent to recover damages against defendant, for the death of her husband alleged to have been caused by the negligence of defendant’s servants, in managing and operating a train on its-, railroad.
On the 20th day of July, 1878, the deceased, fifty or- or sixty years of age, in company with his three sons, was-walking on the railroad. The deceased saw the train coming, a half mile away, before he went upon a long trestle-west of Chillicothe. After getting on the trestle, the oldest son, who was about fourteen years of age, told him he had better come back, but the…
2Cases cited5 opinions
- Insurance Co. v. MosleySupreme Court of the United States · 1869
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Ladd, Patrick & Co. v. CouzinsSupreme Court of Missouri · 1865
3Cited by44 opinions
- Scovill v. GlasnerSupreme Court of Missouri · 1883
- Alabama Great Soiitliern Railroad v. HawkSupreme Court of Alabama · 1882
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
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