Yongue v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Stoddard Circuit Court. — No». Jas. L. Fort, Judge. (1) The evidence of plaintiff shows that the deceased had been working for the company quite a while and was on this road for ten days and knew the condition of the road of which plaintiff makes complaint, and no complaint, so far as the testimony shows, was ever made to the defendant in this case, but the deceased went on working for the company, and, of course, by reason of that and by his own acts, must be…
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Appeal from Stoddard Circuit Court. — No». Jas. L. Fort, Judge. (1) The evidence of plaintiff shows that the deceased had been working for the company quite a while and was on this road for ten days and knew the condition of the road of which plaintiff makes complaint, and no complaint, so far as the testimony shows, was ever made to the defendant in this case, but the deceased went on working for the company, and, of course, by reason of that and by his own acts, must be held to have assumed the risks of the condition, and that as a result of his silence in not making complaint to the…
1Opinion of the CourtGoode, J.
This- plaintiff declares on sections 2865 and 2866, Revised Statutes 1899, for damages for the death of her husband alleged to have been caused by defendant’s negligence. Deceased was the conductor of *144a train, which ran on defendant’s railway between the towns of Brownwood and Bloomfield. He was killed on the evening of October 24, 1904, while engaged in the performance of his duties. The train was a mixed one, hauling both freight and passengers. When it reached the station of Zadoc early in the evening, deceased found standing on a spur or side track, two flat cars loaded with stave bolts…
2Cases cited31 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Curtis v. McNairSupreme Court of Missouri · 1903
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
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3Cited by5 opinions
- Johnston v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Blair v. City of SpokaneWashington Supreme Court · 1911
- Cody v. LuskMissouri Court of Appeals · 1914
- Hawkins v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1909
- Stockton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914