Kincaid v. Kansas City, Clinton & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) But the admitted physical fact that the plaintiff had loaded one car, or half his shipment, without injury, disproves the contention that there could have been anything seriously dangerous in the condition of the chute. It is manifest that plaintiff took no reasonable precaution to avoid injury to himself, and for that reason can not recover.
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Appeal from the Polk Circuit Court. — Hon. Argus Cox, Judge. (1) But the admitted physical fact that the plaintiff had loaded one car, or half his shipment, without injury, disproves the contention that there could have been anything seriously dangerous in the condition of the chute. It is manifest that plaintiff took no reasonable precaution to avoid injury to himself, and for that reason can not recover. Forsyth v. Railroad, 103 Mass. 510; Palmer v. Railroad, 111 N. Y. 488. The duty of a x*ailroad company to maintain its appliances and station facilities in a reasonably safe condition for…
1Opinion of the CourtEllison, J.
The plaintiff recovered damages of the defendant in the trial court on account of having his leg broken. - It appears that plaintiff shipped some cattle and hogs over defendant’s road, and that in loading the cattle at a station called Collins, plaintiff’ drove them up a chute into the car. The evidence tended to show that the bottom or floor of this chute was covered with ice. The chute was shown to be twenty-four and one half feet long and to rise six feet from the ground to the car door. In driving the cattle up the chute into the car, plaintiff was following them and prodding them on. One…
2Cases cited3 opinions
- Potts v. Wabash, St. Louis & Pacific Ry. Co.Missouri Court of Appeals · 1885
- Paddock v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1895
- H. Sloan & Co. v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
3Cited by6 opinions
- Brown v. O.-W. R. & N. Co.Oregon Supreme Court · 1912
- Lackland v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1903
- Laible v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1897
- Tracy v. Chicago & Alton RailroadMissouri Court of Appeals · 1899
- Letts v. Wabash RailroadMissouri Court of Appeals · 1908
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