Crader v. St. Louis & San Francisco Railroad
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Hon. B. G. Bcmney, Judge. (1) The demurrer to the evidence should have been sustained, because: (a) There is an entire failure of proof that the pin maul was furnished to plaintiff by defendant. Blundell v. Mfg. Co., 189 Mo. 565; Smith v. Light & Power Co., 148 Mo.
Read the full summary
Appeal from Cape Girardeau Court of Common Pleas. —Hon. B. G. Bcmney, Judge. (1) The demurrer to the evidence should have been sustained, because: (a) There is an entire failure of proof that the pin maul was furnished to plaintiff by defendant. Blundell v. Mfg. Co., 189 Mo. 565; Smith v. Light & Power Co., 148 Mo. App. 572; Berry v. Railway, 124 Mo. 264. (b) But, assuming that it was furnished by defendant, the mere fact that it proved to be defective and plaintiff was injured, does not make out, for plaintiff, a prima-facie case of negligence on the part of defendant. Bowen v. Railway, 95…
1Opinion of the CourtAllen, J.
This is. an action for personal injuries sustained by plaintiff while in the employ of defendant railroad company. Plaintiff recovered and the defendant prosecutes the appeal.
At the time-of plaintiff’s injuries, to-wit, July 25, 1911, he was working for the defendant as a car repairer, at its car shops at Chaffee, Missouri. It appears that he had previously worked for the defendant in a similar capacity, but had been out of its employ for some years prior to May 22, 1911. After again entering defendant’s employ, on the last mentioned date, it seems that he was not in the car department until…
2Cases cited16 opinions
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Johnson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Duerst v. St. Louis Stamping Co.Supreme Court of Missouri · 1901
- Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
- Garard v. Manufacturers' Coal & Coke Co.Supreme Court of Missouri · 1907
11 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Southern Railway Co. v. CowanCourt of Appeals of Georgia · 1936
- Sterling v. Parker-Washington Co.Missouri Court of Appeals · 1914
- Yost v. Atlas Portland Cement Co.Missouri Court of Appeals · 1915
- Price v. Hiram Lloyd Building & Construction Co.Missouri Court of Appeals · 1915
- Stevens v. HinesWashington Supreme Court · 1920
2 more not listed; retrieve them via the Exa API.