Hamilton v. Rich Hill Coal Mining Co.
Supreme Court of Missouri
Appeal from Bates Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The court erred in refusing to permit plaintiff’s witness, McAlister, to answer on cross-examination as to whether, upon defendant’s theory of the case, the track was a reasonably safe track, since what will be regarded as a reasonably safe track depends upon the character and quality of business done over it, and also the duty required of the servant.
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Appeal from Bates Circuit Court. — Hon. D. A. DeArmond, Judge. (1) The court erred in refusing to permit plaintiff’s witness, McAlister, to answer on cross-examination as to whether, upon defendant’s theory of the case, the track was a reasonably safe track, since what will be regarded as a reasonably safe track depends upon the character and quality of business done over it, and also the duty required of the servant. Bayharsh r>. Railroad, 103 Mo. 576. (2) The court erred in permitting the witnesses, Preston and Hickman, to testify as to blocking that was done by Missouri Pacific Railway…
1Opinion of the CourtBlack, J.
A coal car ran over the plaintiff’s leg, crushing it so that it had to be amputated above, the knee, and this is a suit to recover damages for the injuries thus sustained. The trial resulted in a verdict and judgment for plaintiff for $8,000.
The defendant owned and operated a spur railroad track, extending from the Missouri Pacific railroad west about one-fourth of a mile to a switch. From this point there were two tracks extending west on a curve and on an up grade some four or five hundred feet to defendant’s coal shaft number 6, and thence on to the west. There were no blocks between the…
2Cases cited7 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Hawley v. . Northern Central Railway Co.New York Court of Appeals · 1880
2 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Hamman v. Central Coal & Coke Co.Supreme Court of Missouri · 1900
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
46 more not listed; retrieve them via the Exa API.