McMurray v. St. Louis Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Ron. F. 0. Jolmston, Judge. The court erred in admitting evidence that the rear brakeman of the construction train was in the blacksmith shop, instead of on the rear car, when the deceased was killed, as the law did not require the defendant, in its yard, to maintain watchmen to give notice to its employees of the movement of its cars.
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Appeal from Lawrence Circuit Court. — Ron. F. 0. Jolmston, Judge. The court erred in admitting evidence that the rear brakeman of the construction train was in the blacksmith shop, instead of on the rear car, when the deceased was killed, as the law did not require the defendant, in its yard, to maintain watchmen to give notice to its employees of the movement of its cars. Aerkfetz v. Humphrey, 145 U. S. 418; Goodes v. Railroad, 162 Mass. 287; Loring v. Railroad, 128 Mo. 349; Gurley v. Railroad, 104 Mo. 211; Speed v. Railroad, 71 Mo. 303; Evans v. Railroad, 62 Mo. 49. (2) The court erred in…
1Opinion of the CourtWoodson, J.
This cause was submitted at the last term of this court to Division Number Two. An opinion was handed down affirming the judgment of the circuit court in favor of the plaintiff. Defendant filed therein a motion for a rehearing, also one asking that Division to transfer the cause to Court in Banc. The latter motion was sustained, and the cause is here for disposition on its merits.
The petition is in the following words and figures (formal parts omitted):
“For her cause of action against the defendant, plaintiff states that the defendant is a corporation duly organized and existing under the…
2Cases cited32 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Clark's v. HannibalSupreme Court of Missouri · 1865
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Mooney v. KennettSupreme Court of Missouri · 1854
- Brownell v. Pacific RailroadSupreme Court of Missouri · 1871
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3Cited by6 opinions
- Bliesner v. G. Riesmeyer Distilling Co.Missouri Court of Appeals · 1913
- Peters v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1910
- Schumacher v. Kansas City Breweries Co.Supreme Court of Missouri · 1912
- McMurray v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1912
- Padgett v. Scullin-Gallagher Iron & Steel Co.Missouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.