Lenix v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court.—Hon. Noah M. Givan, Judge. This was an action for damages for the loss of an arm by being run over by defendant’s locomotive and tender. The diagram on the next page represents the locality at which the accident occurred.
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Appeal from Johnson Circuit Court.—Hon. Noah M. Givan, Judge. This was an action for damages for the loss of an arm by being run over by defendant’s locomotive and tender. The diagram on the next page represents the locality at which the accident occurred. Plaintiff testified that the accident occurred at night; that it was very dark and the wind was blowing very hard; that he was employed as brakeman on the North Missouri Railroad ; that he got on an engine of that company at the State Line House and rode eastward to within sixty or seventy feet of the Port Scott Railroad track in Santa Pe…
1Opinion of the CourtSherwood, C. J.
Action for damages for injuries re ceived by plaintiff' from the cars of defendant. We discover no ground whatever for the recovery which plaintiff obtained in the trial court. ' The concession may be made notwithstanding the positive testimony to the contrary, that the defendant failed to give the usual signals before reaching the street crossing, which was some sixty or seventy feet east of the locality of the accident, and still the undisputed facts of the plaintiff’s own negligence, directly contributing to the injury he suffered, must exempt the defendant company from any legal liability…
2Cited by26 opinions
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- Hanlon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Pyle v. ClarkCourt of Appeals for the Eighth Circuit · 1897
- Jennings v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1892
- Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
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