Harrington v. Wabash Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Row. W. B. ■ Teas dale, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence and in giving plaintiff’s instructions 1 and 3. Neither allegation nor proof warranted plaintiff’s first instruction. Plaintiff’s opportunity to know of the risk and danger is as strong as actual knowledge thereof, and bars a recovery. 4 Am. and Eng. Ency. of Law, 29-30; Beach, Contrib.
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Appeal from Jackson Circuit Court. — Row. W. B. ■ Teas dale, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence and in giving plaintiff’s instructions 1 and 3. Neither allegation nor proof warranted plaintiff’s first instruction. Plaintiff’s opportunity to know of the risk and danger is as strong as actual knowledge thereof, and bars a recovery. 4 Am. and Eng. Ency. of Law, 29-30; Beach, Contrib. Neg., sec. 139; G-reenleaf v. Railway, 29 Iowa 46; Perigo v. Railway, 52 Iowa 276; Cummings v. Collins, 61 Mo. 520; Keenan v. Kavenaugh, 62 Mo. 232; Siela, v. Railway, 82…
1Opinion of the CourtSmith, P. J.
Action to recover damages for personal injuries. The plaintiff in his petition amongst other things alleged, that the defendant operated machine and car shops at Moberly in said State, for the repair of its cars and all parts thereof, including cast-iron cylinders for placing under its cars for air or steam brakes used on its said cars in the operation of its road, said cylinders being about three to four feet long and weighing two hundred pounds or more. That among said shops so maintained by defendant in the operation of its road was a paint shop, foundry and car shop, situated about 300…
2Cases cited10 opinions
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Smith v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
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3Cited by4 opinions
- Saversnick v. Schwarzschild & Sulzberger Co.Missouri Court of Appeals · 1910
- Hollingsworth v. National Biscuit Co.Missouri Court of Appeals · 1905
- Warren v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1905
- Robinson v. Hammond Packing Co.Missouri Court of Appeals · 1914