Hinzeman v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. G. A. Den-ton, Judge. (l) The deceased, as shown by the undisputed facts, was not only guilty of negligence directly contributing to his own death, hut was guilty of inexcusable recklessness. He had been an old, experienced section man.
Read the full summary
Appeal from Henry Circuit Court. — Hon. G. A. Den-ton, Judge. (l) The deceased, as shown by the undisputed facts, was not only guilty of negligence directly contributing to his own death, hut was guilty of inexcusable recklessness. He had been an old, experienced section man. He had a time card, which informed him that the Joplin passenger train was due to leave the Union Station at 8:10 a. m. and was due to arrive at Southwest Junction at 8:25. This train passr ed by every morning at the- same hour. It was on time the morning of accident. Deceased had a watch and was required to keep correct…
1Opinion of the CourtLamm, J.
This is an action to recover $5,000 for the death of plaintiff’s husband, Joseph Hinzeman, on the 2nd day of October, 1900, he being defendant’s section foreman, having in charge a section near Kansas City, and killed while in the line of duty. He and *62Ms gang of men were at work reconstructing defend- 1 ant’s roadbed, i. e., removing bad ties and replacing them with sound ones. Hinzeman, it seems, assumed the service of going ahead of his men and marking defective ties with a pick, and was engaged in marking a tie when he was struck and killed by an east-bound locomotive pulling a passenger…
2Cases cited2 opinions
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Hinzeman v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1904
3Cited by16 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Gough v. General Box Co.Supreme Court of Missouri · 1957
- Sissel v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Evans v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1939
11 more not listed; retrieve them via the Exa API.