Barney v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. Action for damages in the sum of $12,000, for injury to plaintiff’s foot, it having been run over and crushed by the defendant company’s cars in its railway yard in the city of St. Joseph, requiring amputation of the larger portion of the foot. The subjoined plat indicates the locus in quo and its surroundings.
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Appeal from Buchanan Circuit Court. — Hon. H. M. Ramey, Judge. Action for damages in the sum of $12,000, for injury to plaintiff’s foot, it having been run over and crushed by the defendant company’s cars in its railway yard in the city of St. Joseph, requiring amputation of the larger portion of the foot. The subjoined plat indicates the locus in quo and its surroundings. The accident occurred on the twenty-eighth of August, 1891, at which time plaintiff lacked of being six years of age, the difference in time between that date and the next December. As will appear by inspection of the plat,…
1Opinion of the CourtShebwood, J.
— Owing to the view taken of the facts of this case, it will be unnecessary to quote or comment on the instructions given or refused, save one, in the nature of a demurrer to the evidence, which, offered by defendant, the trial court refused to give. In determining the propriety of this refusal, several points of law will be found to be involved.
I. In the first place the rule applicable in what is known as the “turntable cases” has no application to cases of this sort. Railroad cars and similar machinery are not “dangerous machines” within the meaning of *383that rule, as is abundantly and…
2Cases cited28 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Birge v. GardinerSupreme Court of Connecticut · 1849
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
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3Cited by69 opinions
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
- Kelly v. BenasSupreme Court of Missouri · 1909
- Ryan v. TowarMichigan Supreme Court · 1901
- Holland v. Baltimore & Ohio RailroadDistrict of Columbia Court of Appeals · 1981
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