Finnegan v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. H. L. McCune, Judge. (1) The trial court should have directed a verdict for the defendant. The plaintiff was guilty of violating several positive and distinct rules of the company, the observance of any one of which would have prevented the accident. It is the duty of a railroad company to make rules for the operation of its trains, and a failure to-do so has been held to be negligence on its part.
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Appeal from Jackson Circuit Court. — Hon. H. L. McCune, Judge. (1) The trial court should have directed a verdict for the defendant. The plaintiff was guilty of violating several positive and distinct rules of the company, the observance of any one of which would have prevented the accident. It is the duty of a railroad company to make rules for the operation of its trains, and a failure to-do so has been held to be negligence on its part. Fletcher v. Railroad, 168 U. S. 135'; Railroad v. Orr, 91 Ala. 548 ; Fordyce v. Briney, 58 Ark. 206; Railroad v. McGraw, 22 Colo. 363; Zeigler v. Railroad,…
1Opinion of the CourtGraves, J.
Action for personal injuries sustained while in the employ of defendant as one of its locomotive engineers. On the night of June 21, 1903 (Sunday), plaintiff was running an engine which was pulling a freight train from Pleasant Hill to Jefferson City. This train was composed of twenty-four loaded cars and a caboose. The cars were principally loaded with live stock. At Cole Junction, three or four miles west of Jefferson City, is the junction point of what is known as the river route and the main line of defendant’s railroad1. In other words, at Cole Junction the river route line leaves the…
2Cases cited4 opinions
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Pool v. Southern Pacific Co.Utah Supreme Court · 1899
- Reagan v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1887
- Konold v. Rio Grande Western Railway Co.Utah Supreme Court · 1900
3Cited by18 opinions
- O'Donnell v. WellsSupreme Court of Missouri · 1929
- Allen Estate Ass'n v. Fred Boeke & SonSupreme Court of Missouri · 1923
- Daggs v. McDermottSupreme Court of Missouri · 1931
- Johnson v. KruckemeyerMissouri Court of Appeals · 1930
- Finnegan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
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