Warmington v. Atchison, Topeka & Santa Fe Railroad
Missouri Court of Appeals
Appeal from the Jaelcson Circuit Court. — Hon. J. II. Slovek, Judge. (1) The act of voluntarily attempting to board a moving car, going at the rate of six or eight miles per hour, standing on the track between the rails, and attempting to catch the brakerod with the hand and the brakebeam with the foot, as the car comes up, is-an act of gross negligence and rashness, such as will prevent a person from recovering from any injury received while engaged in such an attempt.
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Appeal from the Jaelcson Circuit Court. — Hon. J. II. Slovek, Judge. (1) The act of voluntarily attempting to board a moving car, going at the rate of six or eight miles per hour, standing on the track between the rails, and attempting to catch the brakerod with the hand and the brakebeam with the foot, as the car comes up, is-an act of gross negligence and rashness, such as will prevent a person from recovering from any injury received while engaged in such an attempt. Gibbons v. Railroad, 23 N. W. Rep. 644; Cunningham v. Railroad, 12 Am. & Eng. R. R. Oases, 217; Railroad ».. Estes, 37 Kan.;…
1Opinion of the CourtSmith, P. J.
This was an action by the plaintiff against the defendant to recover damages for injuries received by plaintiff’s husband while in the service of defendant in the capacity of switchman, from which he died. The petition in substance charged that the injury complained of was caused by the negligence and unskilfulness of Madden, engineer, in charge of a switch engine of defendant, while running the same, and that such negligence and unskilfulness was known to defendant and unknown to deceased. The plaintiff had judgment, and defendant appealed. The defendant assails the judgment on the specific…
2Cases cited27 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
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3Cited by4 opinions
- Roberts v. Missouri & Kansas Telephone Co.Supreme Court of Missouri · 1902
- Irmer v. St. Louis Brewing Co.Missouri Court of Appeals · 1897
- Missouri Pacific Railway Co. v. LyonsNebraska Supreme Court · 1898
- Adams v. McCormick Harvesting Machine Co.Missouri Court of Appeals · 1902