Rine v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from Saline Circuit Court.—Hon. J. P Strother, Judge. (1) Plaintiff’s second instruction was erroneous in that it directed the jury, in effect, that if defendant’s employes saw Rine on the track, or switch, in time to have stopped the engine with safety, and failed to do so, then their negligence was such as to render defendant liable.
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Appeal from Saline Circuit Court.—Hon. J. P Strother, Judge. (1) Plaintiff’s second instruction was erroneous in that it directed the jury, in effect, that if defendant’s employes saw Rine on the track, or switch, in time to have stopped the engine with safety, and failed to do so, then their negligence was such as to render defendant liable. The negligence to have charged defendant with liability must have occurred “when and after they actually became aware that deceased was in an exposed and dangerous position.” This instruction is directly in conflict with the decision of this court when…
1Opinion of the CourtBlack, J.
This is the second appeal prosecuted by the defendant in this case; the first is reported in 88 Mo. 392. It was then and is now conceded that young Rine was wrongfully upon the track at the time and place when and where he was killed, and that he was guilty of negligence in going upon and remaining upon the track. In view of these facts we held on the former appeal that the defendant’s liability must be limited to negligence on the part of the fireman and engineer after they knew that Rine was in an exposed and dangerous position, and that, when they had such knowledge, it became their duty…
2Cases cited2 opinions
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
- Noeninger v. VogtSupreme Court of Missouri · 1886
3Cited by21 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Franke v. City of St. LouisSupreme Court of Missouri · 1892
- Scrivner v. American Car and Foundry Co.Supreme Court of Missouri · 1932
- Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
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