Elliott v. Payne
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Now. Thomas N. Allen, Judge. (1) The court erred in refusing, to give defendant’s instruction in the nature of a demurrer, offered at the close of the evidence, (a) The deceased had no duty requiring him to alight from a moving train; on the contrary, his duty required him to remain on the train until it stopped.
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Appeal from Buchanan Circuit Court. — Now. Thomas N. Allen, Judge. (1) The court erred in refusing, to give defendant’s instruction in the nature of a demurrer, offered at the close of the evidence, (a) The deceased had no duty requiring him to alight from a moving train; on the contrary, his duty required him to remain on the train until it stopped. There is no evidence that any emergency called upon him to deviate from his duty; therefore, the defendant owed no duty to furnish deceased a reasonably safe place to alight from the moving engine, and it must follow, even if there was a failure…
1Opinion of the CourtGeaves, J.
— Action by the administrator of Earl D. Elliott, deceased, who was killed by being run over by a train of the Missouri Pacific Eailroad at Green Leaf, Kansas. As originally brought this suit was against the railroad and Walker D. Hines, Director General of Eailroads. Later it was dismissed as to the railroad company, and continued as against John Barton Payne, Agent for the President, under the Transportation Act of 1920. The action is one under the Federal Employers ’ Liability Act. Elliott was a fireman on an interstate commerce passenger train of the Missouri Pacific Eailroad Company.…
2Cases cited13 opinions
- National Bank of Cleburne v. Gulf, Colorado & Santa Fe Railway Co.Texas Supreme Court · 1902
- Birmingham Rolling Mill Co. v. RockholdSupreme Court of Alabama · 1904
- Packet Company v. McCueSupreme Court of the United States · 1873
- Whatley v. Zenida Coal Co.Supreme Court of Alabama · 1898
- Woodward Iron Co. v. CurlSupreme Court of Alabama · 1907
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3Cited by15 opinions
- Lamm v. Silver Falls Timber Co.Oregon Supreme Court · 1929
- Griffith v. GardnerSupreme Court of Missouri · 1949
- Milburn v. Chicago, Milwaukee, St. Paul & Pacific RailroadSupreme Court of Missouri · 1932
- Brady v. Oregon Lumber Co.Oregon Supreme Court · 1926
- Brock v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1924
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