Finnegan v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The trial court should have directed a verdict for the defendant, (a) The plaintiff was guilty of violating every positive and distinct rule of the company, the observance of any one of which would have prevented the accident.
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Appeal from Jackson Circuit Court. — Hon. Thomas J. Seehorn, Judge. (1) The trial court should have directed a verdict for the defendant, (a) The plaintiff was guilty of violating every positive and distinct rule of the company, the observance of any one of which would have prevented the accident. He was perfectly familiar with the rules; admitted that they were all in effect at the date of the collision, and he knew that they were adopted for greater safety in the operation of trains, and his wilful failure to obey them caused the loss of life of his head brakeman and fireman, and…
1Opinion of the CourtWalker, J.
Action for personal injuries. Second appeal.
On the first trial a verdict was rendered in plaintiff’s favor for $25,000, which upon a review by this court was reversed and remanded. [244 Mo. 608.] Upon- a second trial a verdict was rendered in plaintiff’s favor for $50,000, which was reduced by the trial court to $25,000, and a judgment of remittitur entered in accordance therewith, from which judgment defendant appeals to this court.
For eighteen years prior to and including June 21, 1903, the date of plaintiff’s injuries, he was employed by defendant in different capacities connected with its…
2Cases cited4 opinions
- Combs v. Rountree Construction Co.Supreme Court of Missouri · 1907
- Finnegan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1912
- Haynes v. RailroadSupreme Court of North Carolina · 1906
- Texas & New Orleans Railway Co. v. MortensenCourt of Appeals of Texas · 1901
3Cited by15 opinions
- Henderson v. DreyfusNew Mexico Supreme Court · 1919
- Henry L. Beanland v. Chicago, Rock Island and Pacific Railroad CompanyCourt of Appeals for the Eighth Circuit · 1973
- Wilhelm Ex Rel. Wilhelm v. Kansas City Public Service Co.Supreme Court of Missouri · 1948
- Kamer v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1930
- Hatfield v. ThompsonSupreme Court of Missouri · 1952
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