Kennedy v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hem. Jas. II. Slover, Judge. (1) Plaintiff’s own. carelessness created the necessity for stopping the car.
Read the full summary
Appeal from Jackson Circuit Court. — Hem. Jas. II. Slover, Judge. (1) Plaintiff’s own. carelessness created the necessity for stopping the car. If plaintiff had been giving proper attention to the work he was engaged in performing, he would not have uncoupled the car from the engine and kicked it down the track until he knew that the track was ready to receive it, and the situation would never have arisen calling on him to decide whether he would chase the car and recouple it to the engine. (2) Plaintiff having complete freedom of choice of methods for doing the work, of his own motion…
1Opinion of the CourtMarshall, J.
This is an action for $20,000 damages for personal injuries, received by the plaintiff on the 24th of February, 1899, while in the employ of the defendant as switchman in its railroad yards at Kansas City, Missouri, in consequence of an attempt to chase and couple a car loaded with live stock to an engine, in order to prevent said car from colliding with other cars on the track.
The plaintiff recovered a judgment of $7,150, and after proper steps the defendant appealed.
THE ISSUES.
The petition alleges that the defendant is a domestic railroad corporation; that on the 24th of February, 1899, the…
2Cited by4 opinions
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Brady v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1907
- Combs v. City of KirksvilleMissouri Court of Appeals · 1908
- Yongue v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1908