Renfro v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Grundy Circuit Court. — Hon. Gt. D. Burgess, Judge. (1) The dangers to be apprehended from repairing .cars on tracks used for making up trains, were open and obvious. They were as patent to Renfro as to Best, conjsequently all such hazards were assumed by the former. Cagney v. Ry. Co., 69 Mo. 416; Smith v. Ry.
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Appeal from Grundy Circuit Court. — Hon. Gt. D. Burgess, Judge. (1) The dangers to be apprehended from repairing .cars on tracks used for making up trains, were open and obvious. They were as patent to Renfro as to Best, conjsequently all such hazards were assumed by the former. Cagney v. Ry. Co., 69 Mo. 416; Smith v. Ry. Co., 69 Mo. 32. (2) Having acquiesced in defendant’s customary mode of doing the business, neither Renfro, nor those claiming through him, had the right to complain that it was not the proper way to do it. By acquiescing in it he made it his way. He had no right to demand…
1Opinion of the CourtBlack, J.
— The plaintiff’s husband was in the employ of defendant, as earrepairér, at its yards in Trenton. While thus engaged he was run over and injured, from which he died. This is a suit for damages therefor. The petition alleges that defendant’s servants, having in charge repairing of cars, negligently directed Renfro to repair a car standing on track number two, and while obeying this order, defendant’s servants carelessly backed, or run, a train of cars over him. Six witnesses, five of whom were car repairers, and one a fireman, all engaged, at the time, in the yards, testified in behalf of…
2Cited by8 opinions
- Evansville & Terre Haute Railroad v. HolcombIndiana Court of Appeals · 1894
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Musick v. Jacob Dold Packing Co.Missouri Court of Appeals · 1894
- Jones v. Virginian Railway Co.West Virginia Supreme Court · 1914
- Reichla v. GruensfelderMissouri Court of Appeals · 1892
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