Kane v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. E. Slover, Judge. • (1) There was no substantial evidence tending to show any negligence on the part of the defendant resulting in the accident in question; nor was there any substantial evidence tending to show that plaintiff received any injury in that accident. Spohn v. Railroad, 87 Mo. 84; Spiro v. Transit Co., 102 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. E. Slover, Judge. • (1) There was no substantial evidence tending to show any negligence on the part of the defendant resulting in the accident in question; nor was there any substantial evidence tending to show that plaintiff received any injury in that accident. Spohn v. Railroad, 87 Mo. 84; Spiro v. Transit Co., 102 Mo. App. 250. (2) It devolved upon the plaintiff to prove that the injury resulted from a cause which would render the defendant liable, and in leaving it to conjetcure as to what caused the derailment of the engine tank, he failed…
1Opinion of the CourtFerriss, J.
Charles Kane, a brakeman in the employment of the defendant railway company, brought suit against that company for damages for personal injuries which he claimed to have received on the fourteenth day of October, 1902, while in the •employment of the defendant and engaged in his duty upon a certain engine in charge of the servants of the defendant. He alleges that said engine was suddenly derailed, and that he was hurled from his place on said engine and against the floor and sides of the cab and boilerhead of said engine, and thereby permanently crippled and injured.
In his second amended…
2Cases cited19 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- State v. HydeSupreme Court of Missouri · 1911
- Curtis v. McNairSupreme Court of Missouri · 1903
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- MacDonald v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
14 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Young v. WheelockSupreme Court of Missouri · 1933
- State Ex Rel. City of St. Charles v. HaidSupreme Court of Missouri · 1930
- Laughlin v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1918
- State v. JacksonSupreme Court of Missouri · 1940
- Kennedy v. Independent Quarry & Construction Co.Supreme Court of Missouri · 1927
14 more not listed; retrieve them via the Exa API.