Riley v. City of Independence
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The testimony failed to show that the alleged defects in the switch caused the injury, and the demurrer to the testimony should have been sustained.
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Appeal from Jackson Circuit Court. — Hon. Walter A. Powell, Judge. (1) The testimony failed to show that the alleged defects in the switch caused the injury, and the demurrer to the testimony should have been sustained. Sexton v. Street Railway Co., 245 Mo. 254. (2) The testimony of the witness Ryan as to the condition of the switch two weeks after the accident, .and that after the accident he operated the switch with a stick, was incompetent for the reason that there is no testimony showing that the apparent melted condition of the end of one of the brads was caused at the time of…
1Opinion of the Court
GRAVES, J. —
The city of Independence is the owner of a municipal light plant. For something-over two years the plaintiff had been one of its employees, and had charge of this light plant at night. Plaintiff was not an expert electrician, but his duties were *675to fire the boiler and run the engine at night. He was so engaged August 18, 1909. There were three engines, and as the use of lights in the city decreased toward the morning hours, the plaintiff’s duty was to switch the thus lightened load from the larger to the smaller engine. In so doing, at about one a. m. of August 18, 1909, he…
2Cases cited6 opinions
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1888
- Smith v. FordyceSupreme Court of Missouri · 1905
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Lyons v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1913
- Lessenden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
1 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Doyle v. St. Louis Merchants Bridge Terminal Railway Co.Supreme Court of Missouri · 1930
- Watts v. MoussetteSupreme Court of Missouri · 1935
- Gately v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1932
- Counts v. Morrison-Knudsen, Inc.Missouri Court of Appeals · 1983
12 more not listed; retrieve them via the Exa API.