Bennett v. Terminal Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Virgil Buie, Judge. The court erred in refusing to direct a verdict in favor of defendant: (a) Because the plaintiff was injured solely through his own negligence in suddenly stepping from a position of safety in front of the moving engine and tender.
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Appeal from St. Louis City Circuit Court. — Hon. Virgil Buie, Judge. The court erred in refusing to direct a verdict in favor of defendant: (a) Because the plaintiff was injured solely through his own negligence in suddenly stepping from a position of safety in front of the moving engine and tender. Lennon v. Railroad, 198 Mo. 514; Giardina v. Railroad, 185 Mo. 330. (b) Because the plaintiff was a workman whose business took him about the railroad tracks, and as it was his duty to look out for the movement of cars, the humanitarian doctrine had no application. Degonia v. Railroad, 224 Mo.…
1Opinion of the Court
BOND, C.
Plaintiff, seventeen years of age, was an employee of a contractor who had been engaged by defendant to install for it a block system of signals for use in its tracks and yards in St. Louis and at other points. Plaintiff had been doing this work for six weeks or two months. It was the custom of defendant to provide for plaintiff and persons in the same service a “plug” train which would take them to their work across the river in the morning and bring them back in the evening. This train stopped at a point in the city of St. Louis near which Eighth street extended to double tracks…
2Cases cited1 opinion
- Klockenbrink v. St. Louis & Meramec River RailroadMissouri Court of Appeals · 1899
3Cited by3 opinions
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
- Hamilton v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1913
- State Ex Rel. Iron Mountain & Southern Railway Co. v. ReynoldsSupreme Court of Missouri · 1920