Dale ex rel. Dale v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Jippealfrom St. Louis Circuit Court. I. If plaintiff “well knew of the condition of the defendant’s railroad track, and of the character and hazards of the service in which he was engaged,” he cannot recover. (Sherm. & Redf. Negl., 119, 120, § 94, and notes ; Devitt vs. Pac. R. R., 50 Mo. 302, and authorities cited.) II. The second instruction given plaintiff by the court should have been refused.
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Jippealfrom St. Louis Circuit Court. I. If plaintiff “well knew of the condition of the defendant’s railroad track, and of the character and hazards of the service in which he was engaged,” he cannot recover. (Sherm. & Redf. Negl., 119, 120, § 94, and notes ; Devitt vs. Pac. R. R., 50 Mo. 302, and authorities cited.) II. The second instruction given plaintiff by the court should have been refused. It should not have been given, because it was not supported by the evidence, and was therefore calculated to mislead, and was not a fair presentation of the case upon the evidence. III. The evidence…
1Opinion of the CourtNapton, Judge
This action was brought by a fireman'of an engine on the St. Louis, K. C. & N. R. R.,to recover damages for an injury to him by reason of the failure of the defendant to provide a safe railroad track upon which to run the engine and train. The defense was that the plaintiff knew the condition of the track upon which he worked, and continued to work on it, knowing its condition, and therefore the damage was the result of his own negligence. Upon the conclusion of the plaintiff’s evidence at the trial, the defendant asked an instruction in the nature of a demurrer to the evidence, which was…
2Cases cited3 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- Charleson v. HuntSupreme Court of Missouri · 1858
3Cited by22 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Fugler v. BotheSupreme Court of Missouri · 1893
- Rodney v. St. Louis Southwestern Railway Co.Supreme Court of Missouri · 1895
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