Anderson v. Union Terminal Railroad
Missouri Court of Appeals
Appeal from the Jackson Circuit Court. — Hon. J. IT. Slover, Judge. (1) The judgment should be reversed absolutely. The testimony all showed that Otto Anderson was injured twelve feet or more east of the cinder pile. The existence of the cinders did not contribute to the accident. (2) The knowledge and intelligence of Otto are sufficient, as a matter of law, to charge him with contributory negligence. (3) Otto’s opportunity to see the train and cinders was ample.
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Appeal from the Jackson Circuit Court. — Hon. J. IT. Slover, Judge. (1) The judgment should be reversed absolutely. The testimony all showed that Otto Anderson was injured twelve feet or more east of the cinder pile. The existence of the cinders did not contribute to the accident. (2) The knowledge and intelligence of Otto are sufficient, as a matter of law, to charge him with contributory negligence. (3) Otto’s opportunity to see the train and cinders was ample. Drake v. Railroad, 51 Mo. App. 562. The facts in this case are parallel to those in the cases of Spillane v. Railroad, 135 Mo. 414,…
1Opinion of the CourtEllison, J.
Plaintiff is the father of a lad between nine and ten years old who was injured by a train of the Suburban company, operated over the tracks of the Terminal company, by running over and cutting off his leg. Plaintiff’s action is for damages in the loss of the boy’s services. He obtained judgment for $1,500.
The accident happened in December, 1895, on a street of Kansas City, Kansas. The boy lived near by the place of accident and had been from home watching other boys skate on a pond in the neighborhood. In returning home he came into Ohio avenue where there are two tracks, one being a switch,…
2Cases cited7 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Payne v. Chicago & Alton RailroadSupreme Court of Missouri · 1896
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
2 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
- Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
- Gesas v. Oregon Short Line R.Utah Supreme Court · 1907
- Obermeyer v. Logeman Chair Manufacturing Co.Missouri Court of Appeals · 1906
- Obermeyer v. Logeman Chair Manufacturing Co.Supreme Court of Missouri · 1910
7 more not listed; retrieve them via the Exa API.