Dysart v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) In this-case the question as to whether of not the defendant railroad was negligent in employing and keeping in their employ as engineer E. A. Dulin was clearly, under the evidence, one for the jury. Railroad v. Ives, 12 U. S. Sup. Ct. Rep. 679; O’Mellia v. Railroad, 115 Mo. 221; Wolff v. Campbell, 110 Mo. 120; Franke v. St. Louis, 110 Mo. 525; Gutridgev.
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Appeal from Gass Circuit Court. — Hon. W. W. Wood, Judge. (1) In this-case the question as to whether of not the defendant railroad was negligent in employing and keeping in their employ as engineer E. A. Dulin was clearly, under the evidence, one for the jury. Railroad v. Ives, 12 U. S. Sup. Ct. Rep. 679; O’Mellia v. Railroad, 115 Mo. 221; Wolff v. Campbell, 110 Mo. 120; Franke v. St. Louis, 110 Mo. 525; Gutridgev. Railroad, 105 Mo..520; Finch v. Ullman, 105Mo. 255. (2) Where the evidence tended to prove the averments of the petition and the petition is sufficient, a case is made for the…
1Opinion of the CourtWilliams, J.
Plaintiff, a brakeman on one of defendant’s freight trains, while coupling the engine to *87the front ear of said train, had his left hand very badly hurt. The injury was so serious that amputation of the arm between the wrist and elbow became necessary. The accident occurred at the town of Kenoma, in Barton county, on the fourteenth of February, 1892. This suit was brought by plaintiff in the circuit court of Jackson county to recover $15,000 damages on account thereof. A change of venue was granted on his application, and the case sent to Cass county. It was tried there at the May term, 1895.
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2Cases cited3 opinions
- Cook v. St. Louis & Keokuk RailroadSupreme Court of Missouri · 1874
- Williams v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Roblin v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1894
3Cited by2 opinions
- Broadwater v. Wabash RailroadSupreme Court of Missouri · 1908
- Galentine v. BorglumMissouri Court of Appeals · 1941