Boyd v. Wabash Western Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The rules of the company, governing the operation of extra trains, were irrelevant, the train in question not being an extra, the rules being exclusively for the government of employes, and it not appearing that Mr. Boyd was familiar with them, or that he relied upon their observance; and the failure, if any, to observe them had nothing to do with the accident.
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Appeal from Jackson Circuit Court. — Hon. T. A. Gill, Judge. (1) The rules of the company, governing the operation of extra trains, were irrelevant, the train in question not being an extra, the rules being exclusively for the government of employes, and it not appearing that Mr. Boyd was familiar with them, or that he relied upon their observance; and the failure, if any, to observe them had nothing to do with the accident. Stepp v. Railroad, 85 Mo. 223. (2) The demurrer to the evidence should have been sustained, it appearing from the evidence that Mr. Boyd met his death because of his own…
1Opinion of the CourtBrace, J.
In this action the plaintiff recovered judgment for $5,000 damages for the alleged negligent killing of her husband by one of defendant’s trains. At the close of plaintiff’s evidence the defendant demurred, and, its demurrer being overruled, the case *376was submitted to the jury on that evidence, under the following instructions :
The court gave the following instruction at the request of the plaintiff!: “The court instructs the jury that notwithstanding you may find from the evidence that the deceased, Charles Boyd, was guilty of negligence in attempting to cross the track of defendant at the…
2Cases cited10 opinions
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
5 more not listed; retrieve them via the Exa API.
3Cited by58 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Monroe v. Chicago & Alton RailroadSupreme Court of Missouri · 1923
- Weller v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1894
53 more not listed; retrieve them via the Exa API.