White v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Eon’. Wm. H. Martin, Judge. The demurrer to the evidence offered by the defendant at the close of the evidence should have been sustained. Magee v. Railroad, 214 Mo. 542; King v. Railroad, 211 Mo. 14; Hawkins v. Railroad, 135 Mo. App. 527; Matz v. Railroad, 127 Mo. 298; Day v. Railroad, 140 Mo.
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Appeal from Cole Circuit Court. — Eon’. Wm. H. Martin, Judge. The demurrer to the evidence offered by the defendant at the close of the evidence should have been sustained. Magee v. Railroad, 214 Mo. 542; King v. Railroad, 211 Mo. 14; Hawkins v. Railroad, 135 Mo. App. 527; Matz v. Railroad, 127 Mo. 298; Day v. Railroad, 140 Mo. App. 469; Markowitz v. Railroad, 186 Mo. 359; Young v. Railroad, 227 Mo. 331; Degonia v. Railroad, 224 Mo. 564; Sinclair v. Railroad, 133 Mo. 244; Van Dyke v. Railroad; Matthews v. Metropolitan Ry., 137 S. W. 1004; Donahue v. Kelly, 181 Pa. St. 93; Brown v. French, 104…
1Opinion of the CourtEllison, J.
Plaintiffs deceased husband was an employee of the defendant; as a brakeman on a freight train. He was killed by one of defendant’s engines while out as a flagman, and plaintiff, charging his death to defendant’s negligence, brought this action and recovered judgment in the trial court.
Deceased and his crew had been ordered to as-' sist in clearing away a wreck at a station called Etlah. This had been about accomplished when the conductor, who was at the 'station with deceased, ordered him to go eastwardly down the track to flag an expected west-bound passenger train. He started to his post.…
2Cases cited7 opinions
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- McGee v. Wabash RailroadSupreme Court of Missouri · 1908
- Young v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1910
- Markowitz v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1905
- Fulton v. HolmesCourt of Appeals for the Second Circuit · 1903
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3Cited by4 opinions
- Battles v. United Railways Co. of St LouisMissouri Court of Appeals · 1913
- Maginnis v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Feldman v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1913
- Lohse v. Geo. Muehle-Bach Brewing Co.Missouri Court of Appeals · 1913