Kibble v. Quincy, Omaha & Kansas City Railroad
Supreme Court of Missouri
Appeal from Daviess Circuit Court.-—Hon. Arch B. Davis, Judge. (1) The court should have given the peremptory instruction to find for defendant asked at the close of all the evidence in the case for the reason that plaintiff had utterly failed to make a case either under his pleadings or the evidence, (a) In this petition plaintiff alleged two acts of negligence—in furnishing a defective locomotive and in starting the locomotive without warning.
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Appeal from Daviess Circuit Court.-—Hon. Arch B. Davis, Judge. (1) The court should have given the peremptory instruction to find for defendant asked at the close of all the evidence in the case for the reason that plaintiff had utterly failed to make a case either under his pleadings or the evidence, (a) In this petition plaintiff alleged two acts of negligence—in furnishing a defective locomotive and in starting the locomotive without warning. The first charge was abandoned on the trial and the second was overthrown by plaintiff’s testimony in that he says he heard the warning signals as he…
1Opinion of the Court
Action for personal injuries, alleged to have been negligently caused by defendant while plaintiff was in its employ as a locomotive fireman and engaged in interstate commerce.
On the 23d day of May, 1917, the plaintiff was firing one of defendant's engines, which was hauling a mixed train of freight and passenger cars from Osborn, Missouri, to Kansas City, Missouri. When the train reached a point where defendant's road crosses the Rock Island Railroad and came to a stop, plaintiff got down out of the cab on to the ground to adjust the injector on his side of the engine. While so engaged the…
2Cases cited3 opinions
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- State ex rel. United Railways Co. v. ReynoldsSupreme Court of Missouri · 1914
- Sexton v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1912
3Cited by16 opinions
- Dempsey v. HortonSupreme Court of Missouri · 1935
- Barr v. Nafziger Baking Co.Supreme Court of Missouri · 1931
- Thompson v. City of LamarSupreme Court of Missouri · 1929
- Hardin v. Ill. Central Railroad Co.Supreme Court of Missouri · 1934
- Pitcher v. SchochSupreme Court of Missouri · 1940
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