Schroeder v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. Action for personal injuries. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion ,of the court. (1) The petition does not state facts sufficient to constitute a cause of action.
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Appeal from Saline Circuit Court. — Hon. Richard Field, Judge. Action for personal injuries. Judgment for plaintiff. Defendant appeals. The facts are stated in the opinion ,of the court. (1) The petition does not state facts sufficient to constitute a cause of action. Hudson t>. Hauroad, 101 Mo. 31; Steffen v. Mayer, 96 Mo. 420; Milburn v. Railroad, 86 Mo. 109; Railroad v. Hester, 11 S. W. Rep. 104; 72 Tex. 40. The court should have given instructions, numbered 5, 6, 8 and 9, asked by defendant. Plaintiff knew the danger and assumed the risk. Cummings v. Collins, 61 Mo. 520; Aldridge v. Blast…
1Opinion of the CourtBarclay, J.
Plaintiff sustained the damage which forms the subject of this action, near the city of Marshall, Missouri, while in the defendant’s employ as a section hand. His evidence tended to. show that he was working under Mr. Klein, foreman of the section on which the accident took place. The men began work usually at seven a. m. On the day of the injury, August 7, 1888, the westward bound passenger trains of defendant’s line, due at Marshall at five and six a. m., respectively, had not arrived, when the time came for the section gang to go to work. Klein learned at the telegraph office that these…
2Cases cited11 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Gregory v. ChambersSupreme Court of Missouri · 1883
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by41 opinions
- Cluck v. AbeSupreme Court of Missouri · 1931
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Venditti v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Venditti v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Peterson v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1915
36 more not listed; retrieve them via the Exa API.