Jones v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Row. Jno. W. Henry, Judge. (1) The requests which were made hy defendant at the close of plaintiffs’ case and at the close of all the testimony, that a verdict in its favor be directed, should have been granted by the trial court. To entitle plaintiffs -to the submission of their cause to a jury it was , necessary for them to overcome certain presumptions and prove affirmatively certain facts.
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Appeal from Jackson Circuit Court. — Row. Jno. W. Henry, Judge. (1) The requests which were made hy defendant at the close of plaintiffs’ case and at the close of all the testimony, that a verdict in its favor be directed, should have been granted by the trial court. To entitle plaintiffs -to the submission of their cause to a jury it was , necessary for them to overcome certain presumptions and prove affirmatively certain facts. As to the presumptions: Wood’s Master and Servant, secs. 382, 419; 2 Thompson on Negligence, p. 1053, sec. 48;’Railroad v. Wagner, 33 Kas. 666; Telle v. Railroad, 50…
1Opinion of the CourtValliant, J.
David R. Jones, whn was the husband of the plaintiff Mary and the father of the infant Mary, was a locomotive engineer in the service of *535the defendant and was killed in a railroad accident at LaCygne, a station on defendant’s road in the State of Kansas, which accident was caused, as plaintiffs allege, by the negligence of the defendant. The right of action is based on the following statutes of Kansas:
Paragraph 1251, General Statutes of Kansas of 188,9, as follows: “Every railroad company organized or doing business in this State shall be liable for all damages done to any employee of such…
2Cases cited8 opinions
- Mather v. RillstonSupreme Court of the United States · 1895
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- McPherson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1888
- Brash v. City of St. LouisSupreme Court of Missouri · 1901
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1893
3 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Shepard v. HarrisSupreme Court of Missouri · 1959
- State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
- Hanson v. NealSupreme Court of Missouri · 1908
- Root v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1906
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
30 more not listed; retrieve them via the Exa API.