Wilson v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. James H. Slower, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. No negligence was proven on the part of defendant and the risks attending the condition at the time of the injury were assumed by the plaintiff. Armour v. Hahn, 111 TJ. S. 318; Bradley v. Railroad, 138 Mo. 302; Roberts v. Telephone Co., 166 Mo. 383; Henson v. Packing Co., 113 Mo.
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Appeal from Jackson Circuit Court. — Hon. James H. Slower, Judge. (1) The court erred in overruling defendant’s demurrer to the evidence. No negligence was proven on the part of defendant and the risks attending the condition at the time of the injury were assumed by the plaintiff. Armour v. Hahn, 111 TJ. S. 318; Bradley v. Railroad, 138 Mo. 302; Roberts v. Telephone Co., 166 Mo. 383; Henson v. Packing Co., 113 Mo. App. 618; Bridge Co. v. Seeds, 144 Fed. 613. (2) Plaintiff had no right to rely on the foreman’s words of caution. Railroad v. Billingslea, 116 Fed. 335. (3) Plaintiff’s own…
1Opinion of the CourtEllison, J.
The plaintiff was injured while engaged in the service of the defendant and brought this action for damages, in which he prevailed in the trial court.
It appears that defendant had several men, including the plaintiff, engaged in enlarging a roundhouse by extending it so as to make it of greater depth,, that it might serve to .accommodate engines of greater length than had been theretofore housed therein. The roof of the house was composed of rafters, sheeting planks an inch thick, sheeting paper laid over the planks and a coating of tar and gravel over them. In constructing the improvement,…
2Cases cited27 opinions
- Armour v. HahnSupreme Court of the United States · 1884
- Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
- Minter v. Bradstreet Co.Supreme Court of Missouri · 1903
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Allen v. St. Louis Transit Co.Supreme Court of Missouri · 1904
22 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Riegel v. Loose-Wiles Biscuit Co.Missouri Court of Appeals · 1913
- Zalotuchin v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Hooper v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907
- Pavlo v. Forum Lunch Co.Missouri Court of Appeals · 1929
- Menhardt v. Midland Ice & Cold Storage Co.Missouri Court of Appeals · 1912
6 more not listed; retrieve them via the Exa API.