Carpenter v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Newton County Circuit Court. — How. Carr McNatt, Judge. The court erred in overruling the defendant’s objection to the introduction of evidence and in overruling the demurrers to the evidence at the close of plaintiff’s ease and at the close of all the evidence and in refusing to grant defendant’s motions for a new trial and in arrest of judgment, for the reason that under the law at present there is no common-law liability for an injury of this hind.
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Appeal from Newton County Circuit Court. — How. Carr McNatt, Judge. The court erred in overruling the defendant’s objection to the introduction of evidence and in overruling the demurrers to the evidence at the close of plaintiff’s ease and at the close of all the evidence and in refusing to grant defendant’s motions for a new trial and in arrest of judgment, for the reason that under the law at present there is no common-law liability for an injury of this hind. The entire matter has been a subject of Federal legislation and is controlled by the Federal Employer’s Liability Statute. Thompson…
1Opinion of the CourtRobertson, P. J.
Plaintiff obtained judgment on a verdict for damages received as the result of a grab iron on a box car on one of defendant’s freight trains, then used in interstate commerce, giving away. The defendant has appealed.
The defendant insists that the plaintiff’s petition states a cause of action under the common law, but that the testimony discloses liability, if at all, under the Federal Employers ’ Liability Act, and that, therefore, the verdict of the jury, which it is charged is based on instructions under the common law should not be allowed to stand.
It is said that the opinion of the Kansas…
2Cases cited3 opinions
- Moliter v. Wabash RailroadMissouri Court of Appeals · 1914
- Rafferty v. Missouri Pacific RailroadMissouri Court of Appeals · 1884
- McIntosh v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
3Cited by4 opinions
- Moran v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1932
- Grand Trunk Western Railway Co. v. Thrift Trust Co.Indiana Court of Appeals · 1917
- Martin v. Richmond Cotton Oil Co.Missouri Court of Appeals · 1916
- Ferguson v. Missouri Pacific RailroadMissouri Court of Appeals · 1969