Hinzeman v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Court.— lion. W. L. Jarrott, Judge. (1) The court should have directed a verdict in favor of defendant upon the admitted facts in regard to deceased’s contributory negligence.
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Appeal from Johnson Circuit Court.— lion. W. L. Jarrott, Judge. (1) The court should have directed a verdict in favor of defendant upon the admitted facts in regard to deceased’s contributory negligence. Evans v. Railroad, 178 Mo. 508; Moore v. Railroad, 176 Mo. 528; Carrier v. Railroad, 74 S. W. 1002; Gruyer v. Railroad, 73 S. W. 584; Yan Bach v. Railroad, 171 Mo. 338; Hook v. Railroad, 162 Mo. 569-; Sharp v. Railroad, 161 Mo. 214; Tanner v. Railroad, 161 Mo. 497; Davies v. Railroad, 159 Mo. 9; Holwerson v. Railroad, 157 Mo. 223; Coatney v. Railroad, 151 Mo. 48; Peterson v. Railroad, 156 Mo.…
1Opinion of the CourtValliant, J.
The plaintiff’s husband was struck and killed by a locomotive running on defendant’s road, through, as plaintiff charges, the negligence of defendant’s servants.
The petition states that plaintiff’s husband was in the employ of defendant as a section hand, and that on October 2, 1900, while he was engaged in the line of his duty near and upon the track, a locomotive and train of cars approached him from the rear, and he became and was in great and imminent peril of being run over and killed; that the defendant’s servants in charge of the locomotive saw (or by the exercise of ordinary care…
2Cases cited2 opinions
- Evans v. Wabash Railroad Co.Supreme Court of Missouri · 1903
- Sharp v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1901
3Cited by21 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
- Cunningham Ex Rel. Cunningham v. HayesMissouri Court of Appeals · 1971
- Gough v. General Box Co.Supreme Court of Missouri · 1957
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