Halliburton v. Wabash Railroad
Missouri Court of Appeals
Appeal from the Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) As the danger of moving these large wheels in the manner in which it was done- was one obvious to the senses, and plainly one which would necessarily imperil the life and limbs of plaintiff, he assumed the risk of doing the work in that particular manner at that time, and, therefore, can not recover from defendant for any injury so received. Levitt v. Railroad, 50 Mo. 302; Aldridge v. Ins.
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Appeal from the Randolph Circuit Court. — Hon. John A. Hockaday, Judge. (1) As the danger of moving these large wheels in the manner in which it was done- was one obvious to the senses, and plainly one which would necessarily imperil the life and limbs of plaintiff, he assumed the risk of doing the work in that particular manner at that time, and, therefore, can not recover from defendant for any injury so received. Levitt v. Railroad, 50 Mo. 302; Aldridge v. Ins. Co., 78 Mo. 559; Fugler v. Bothe, 117 Mo. 475. (2) There is an irreconcilable •conflict between the instructions given at the…
1Opinion of the CourtGill, J.
This is an action for damages for personal injuries received by the plaintiff, February 13, 1893, while working in defendant’s machine and repair shops at Moberly, Missouri. Plaintiff and two others, Garnett and Phipps, composed what was called the * ‘stripping gang,” whose duty, among others, required *30them to dismantle and readjust the engines that might be there repaired. The substantial portion of the petition reads as follows: “That on said day said stripping .gang was engaged in the work of placing the drive wheels of one of defendant’s engines undergoing repairs in said shop to their…
2Cases cited5 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Shortel v. City of St. JosephSupreme Court of Missouri · 1891
- Fugler v. BotheMissouri Court of Appeals · 1890
- Herriman v. Chicago & Alton RailroadMissouri Court of Appeals · 1887
3Cited by10 opinions
- Umsted ex rel. Umsted v. Colgate Farmers Elevator Co.North Dakota Supreme Court · 1909
- Waller v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
- Warner v. Chicago, Rock-Island & Pacific Railway Co.Missouri Court of Appeals · 1895
- Wray v. Southwestern Electric Light & Water Power Co.Missouri Court of Appeals · 1897
- Bokamp v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1907
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