Kippenbrock v. Wabash Railroad
Supreme Court of Missouri
Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. , (1) The trial court erred in refusing to give defendant’s instructions in the nature of demurrers to the evidence, at the close of plaintiff’s case and again at the close of all the evidence, because: (a) there was a total- failure to prove the charges of negligence alleged in the petition; (b) there was a failure tó. prove any duty of the defendant to have the headlight on the engine burning, or to warn the…
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Appeal from Randolph Circuit Court. — Hon. A. H. Waller, Judge. , (1) The trial court erred in refusing to give defendant’s instructions in the nature of demurrers to the evidence, at the close of plaintiff’s case and again at the close of all the evidence, because: (a) there was a total- failure to prove the charges of negligence alleged in the petition; (b) there was a failure tó. prove any duty of the defendant to have the headlight on the engine burning, or to warn the plaintiff by sounding the whistle or ringing the bell; and (c) there was a total failure of proof that the speed of the…
1Opinion of the CourtBlair, J.
— In the Randolph Circuit Court respondent, a freight conductor in appellant’s service, recovered judgment for damages for injuries he received when struck by one of appellant’s trains in the yards at Moberly. Moberly is a division point? The yard office is a few feet south of the main line; and a double lead on which two or three switch engines were working at the time respondent was injured, is just north of the main line. About midnight respondent was called for duty. He was to take out a freight train composed of cars destined to points outside the State. His train was made up in the…
2Cases cited2 opinions
- Artz v. C., R. I. & P. R. R.Supreme Court of Iowa · 1876
- State v. ConnorSupreme Court of Kansas · 1906
3Cited by11 opinions
- Rossomanno v. Laclede Cab CompanySupreme Court of Missouri · 1959
- Wolf v. Mallinckrodt Chemical WorksSupreme Court of Missouri · 1935
- Griffith v. GardnerSupreme Court of Missouri · 1949
- Crecelius v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1920
- Haskins v. Southern Pacific Co.California Court of Appeal · 1934
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