Rutledge v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Osage Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The plaintiff’s objection to the introduction of any evidence, because the petition does not state a cause of action, should have been sustained. Rutledge v. Railroad, 110 Mo. 312; Shearman & Redf. on Negligence, secs. 25, 26; Harlanv. Railroad, 65 Mo. 22, et. seq.
Read the full summary
Appeal from Osage Circuit Court. — Hon. Rudolph Hirzel, Judge. (1) The plaintiff’s objection to the introduction of any evidence, because the petition does not state a cause of action, should have been sustained. Rutledge v. Railroad, 110 Mo. 312; Shearman & Redf. on Negligence, secs. 25, 26; Harlanv. Railroad, 65 Mo. 22, et. seq. The petition alleges that the act which caused plaintiff’s injury was that “some agent of the defendant in charge of the engine caused the train of cars- to be moved, with great force,” and that defendant’s failure to prescribe a system of signals and rules for…
1Opinion of the CourtBarclay, J.
— This an action for personal injuries sustained by plaintiff. He charges defendant with liability therefor on accouilt of the want of needful *127rules for the management of its business in which he was employed.
We need not recite the pleadings, as their essential features will appear further on.
The case was before the second division of the court on a former occasion, and is reported, 110 Mo. 312.
Plaintiff’s evidence disclosed that he was a switch-man in the railway yards of defendant at Chamois, Missouri, at the time of his injury, August 12, 1887. It was night; about 9 o’clock. A local…
2Cases cited7 opinions
- Hamilton v. MarksSupreme Court of Missouri · 1876
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Whittaker v. . D. H.C. Co.New York Court of Appeals · 1891
- Reagan v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1887
- Keith v. KeithSupreme Court of Missouri · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Stone v. CaseSupreme Court of Oklahoma · 1912
- Baker v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1894
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Hunt v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1949
- Bird v. SellersSupreme Court of Missouri · 1894
30 more not listed; retrieve them via the Exa API.