Gorham v. Kansas City & Southern Railway Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. D. A. DéAemond, Judge. The instructions in the cause in the trial court 'were the following: Given for plaintiff: — “1. The court instructs the jury that it was the duty of the defendant to have kept its ties, roadbed and track in a reasonably safe condition for the passage of trains over the same; and to have furnished for use on said road cars and appliances which were reasonably safe for use thereon.
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Appeal from Henry Circuit Court. — Hon. D. A. DéAemond, Judge. The instructions in the cause in the trial court 'were the following: Given for plaintiff: — “1. The court instructs the jury that it was the duty of the defendant to have kept its ties, roadbed and track in a reasonably safe condition for the passage of trains over the same; and to have furnished for use on said road cars and appliances which were reasonably safe for use thereon. And if you find from the evidence that at the time of the accident plaintiff was in the employ of the defendant as conductor of a freight train, and…
1Opinion of the CourtBarclay, J.
Plaintiff recovered a judgment for $3,650 on account of personal injuries sustained in a railway accident on defendant’s line near Clinton, Missouri, December 15, 1887.
The ■ petition charged defendant with liability therefor because of negligence in a variety of forms, which will be sufficiently indicated later.
*417The answer denied the charges, and asserted contributory negligence on plaintiff’s part, which he in turn denied by his reply.
The cause was tried in January, 1891, with the result above stated.
' In due time defendant filed a motion for new trial, which was denied; and, after the…
2Cited by17 opinions
- Reese v. Illinois Terminal Railroad CompanySupreme Court of Missouri · 1954
- Meddis v. KenneySupreme Court of Missouri · 1903
- Edinburg Irr. Co. v. LedbetterCourt of Appeals of Texas · 1922
- Smiley v. St. Louis & Hannibal Railway Co.Supreme Court of Missouri · 1901
- Wagner v. Missouri-Kansas-Texas RailroadSupreme Court of Missouri · 1955
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