Wampler v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Harris Bob- ‘ inson, Judge. (1) The peremptory instructions should have been given. There was no proof of any actionable negligence. The jerk or jolt of the train was not unusual or violent and therefore not negligent. Hedrick v. Railroad, 195 Mo. 104; "Waite v. Railroad, 165 Mo. 612; Erwin v. Railroad, 94 Mo. App. 289; Bartlett v. Railroad, 148 Mo. 124; Howell v. Railroad, 149 Mo.
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Appeal from Jackson Circuit Court. — Hon. Harris Bob- ‘ inson, Judge. (1) The peremptory instructions should have been given. There was no proof of any actionable negligence. The jerk or jolt of the train was not unusual or violent and therefore not negligent. Hedrick v. Railroad, 195 Mo. 104; "Waite v. Railroad, 165 Mo. 612; Erwin v. Railroad, 94 Mo. App. 289; Bartlett v. Railroad, 148 Mo. 124; Howell v. Railroad, 149 Mo. App. 621. (2) The instruetion given on behalf of plaintiff was erroneous, (a) It submitted the case on a theory not embraced in the pleading, (b) It failed to require the…
1Opinion of the CourtGraves, C. J.
This is an- action for personal injuries wherein the damages are alleged to be $25,000.
The action is predicated on the relationship of master and servant, and not upon the relationship of passenger and carrier. It is also predicated upon certain Kansas statutes relating to masters and servants, which are specifically pleaded. It standsi admitted in the record that defendant is an interstate carrier. After specifically pleading the Kansas statutes, and invoking them as the foundation for his right of recovery, the petition then proceeds, as follows:
“On May 2, 1912, in said town of Quenemo,…
2Cases cited10 opinions
- Sweet v. MaupinSupreme Court of Missouri · 1877
- Brady v. ConnellySupreme Court of Missouri · 1873
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- State ex rel. Rucker v. RuckerSupreme Court of Missouri · 1875
- Carver v. ThornhillSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by46 opinions
- Sofka v. ThalSupreme Court of Missouri · 1983
- Bobos Ex Rel. Enders v. Krey Packing Co.Supreme Court of Missouri · 1927
- White v. St. Louis Public Service Co.Supreme Court of Missouri · 1953
- Heppner v. Atchison, Topeka and Santa Fe Railway Co.Supreme Court of Missouri · 1956
- Drake Ex Rel. Imes v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
41 more not listed; retrieve them via the Exa API.