Burnes v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Jas. G-ibson, Judge. (1) There being an entire failure to prove either actual or constructive notice to defendant of the presence, on the elevated walk, of the piece of door, the court should have directed a verdict in defendant’s favor.
Read the full summary
Appeal from Jackson Circuit Court. — Hon. Jas. G-ibson, Judge. (1) There being an entire failure to prove either actual or constructive notice to defendant of the presence, on the elevated walk, of the piece of door, the court should have directed a verdict in defendant’s favor. Railroad v. Plait, 89 111. 141; Painton v. Railroad, 83 N. T. 7; Railroad v. Ledbetter, 34 Kan. 326; Baldwin v. Railroad, 25 N. W. Rep. 918; Hough v. Railroad, 100 U. S. 213; Covey v. Railroad, 86 Mo. 635; Crane v. Railroad, 87 Mo. 588; Gutridge v. Railroad, 94 Mo. 468; Williams v. Railroad, 119 Mo. 316. (2) There…
1Opinion of the CourtGantt, P. J.
This is an action for personal injuries sustained by the plaintiff while in defendant’s employ as foreman of a switching crew in its yards at Kansas City, Missouri.
The petition alleged plaintiff was hurt by the negligence of the defendant in two respects: First, it required him to work in a dangerous place, to wit, on a certain inclined track; and, second, “by carelessly permitting a grain door from a car to be left lying on said elevated incline, on which he stepped in the dark and was thereby thrown to the ground and his leg broken.”
The first charge of negligence was withdrawn from the jury…
2Cases cited12 opinions
- Russell v. Inhabitants of ColumbiaSupreme Court of Missouri · 1881
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Sinkler v. Missouri Pacific RailroadSupreme Court of the United States · 1958
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Cotton v. Ship-By-Truck Co.Supreme Court of Missouri · 1935
- Glasscock v. Swafford Bros. Dry Goods Co.Missouri Court of Appeals · 1904
- Thomas v. Wisconsin Central Railway Co.Supreme Court of Minnesota · 1909
17 more not listed; retrieve them via the Exa API.