Legal Opinion

Jackson v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 16 opinions

Appeal from, Bates Circuit Court. — Hon. Jas. B„ G-antt, Judge. (1) The deceased’s contributory negligence should defeat a recovery. This should be so ruled, upon elementary principles, upon an intelligent understanding-of the uncontroverted facts. Darracutts v. Railroad, 31 Am. & Eng. R. R. Cases, 157. (2) The projection of iron rails, timbers, etc., over the ends of cars, was risk of the service in which the deceased was engaged. Beach on Cont.

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Appeal from, Bates Circuit Court. — Hon. Jas. B„ G-antt, Judge. (1) The deceased’s contributory negligence should defeat a recovery. This should be so ruled, upon elementary principles, upon an intelligent understanding-of the uncontroverted facts. Darracutts v. Railroad, 31 Am. & Eng. R. R. Cases, 157. (2) The projection of iron rails, timbers, etc., over the ends of cars, was risk of the service in which the deceased was engaged. Beach on Cont. Neg., sec. 138; Railroad v. Johnson, 112 Ind. 355 ; Bay v. Railroad, 2 Am. & Eng. R. R„ Cases (Mich.) 126 ; Railroad v. Plunkett, 2 Am. & Eng. R. R.…

1Opinion of the CourtBlack, J.

— The plaintiff is the widow of Prank L. Jackson. She prosecutes this suit to recover damages for the death of her husband, who died from injuries received while in the employ of the defendant as a brakeman.

The evidence discloses the following facts: Jackson was an experienced brakeman in yards and on trains. He and his crew made their regular trips over the defendant’s branch road from Pleasant Hill to Nevada, both points being in this state. On the occasion in question they left Pleasant Hill with their freight train about one o’clock and reached Harrisonville about two o’clock a. m. At…

2Cases cited2 opinions

  1. Smith v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1887
  2. Day v. Toledo, Canada Southern & Detroit Railway Co.Michigan Supreme Court · 1880

3Cited by16 opinions

  1. State v. TaylorSupreme Court of Missouri · 1893
  2. Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
  3. Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
  4. Patrum v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1914
  5. Williams v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1893

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