Bluedorn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — TIon. D. L. Fisher, Judge. (1) Respondent’s own evidence shows he was guilty of contributory negligence. He knew and must have known from his experience that in so large and busy a yard every track upon which he stepped was likely at any moment to be in use, and that inattention on his part would necessarily meet either with injury to himself, his fellow-servant or the master’s property.
Read the full summary
Appeal from St. Louis City Circuit Court. — TIon. D. L. Fisher, Judge. (1) Respondent’s own evidence shows he was guilty of contributory negligence. He knew and must have known from his experience that in so large and busy a yard every track upon which he stepped was likely at any moment to be in use, and that inattention on his part would necessarily meet either with injury to himself, his fellow-servant or the master’s property. (2) The speed of the train was not the proximate cause of the plaintiff’s injuries. The burden of proving a connection between the cause alleged and the injury…
1Opinion of the CourtBlack, J.
This is an appeal prosecuted by the defendant from a judgment in favor of plaintiff in a personal damage suit. The plaintiff was injured by a passenger train, while in the employ of the defendant as a night switchman, so that it became necessary to amputate his leg between the knee and ankle. He founds his action on the violation of an ordinance of the city of St. Louis, which limits the rate of speed of trains to six miles per hour.
The plaintiff had been engaged in railroad work for thirteen years, eleven years of that time in the capacity of a conductor on another road entering the city of…
2Cases cited14 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Petty v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Stepp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1884
- Young v. Shickle, Harrison & Howard Iron Co.Supreme Court of Missouri · 1890
- Crowley v. Burlington, Cedar Rapids & Northern R'y Co.Supreme Court of Iowa · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by56 opinions
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MooreIndiana Supreme Court · 1899
- Christian v. Connecticut Mutual Life InsuranceSupreme Court of Missouri · 1898
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
51 more not listed; retrieve them via the Exa API.