Legal Opinion

Duggan v. Wabash Western Railway Co.

Missouri Court of Appeals

Decided June 8, 1891PublishedCited by 1 opinion

Appeal from the 'Jackson Circitit Court. — Hon. R. H. Field, Judge. There was no evidence to support the verdict. Stepp v. Railroad, 85 Mo. 229; Moore v. Railroad, 28 Mo. App. 622; • Walton v. Railroad, 32 Mo. App. 634-; JDiel v. Railroad, 37 Mo. App. 454; Huhn v. Railroad, 92 Mo. 440; Soeder v. Railroad, 100 Mo. 673.

1Opinion of the CourtSmith, P. J.

The plaintiff in her petition alleged that she was the widow of Daniel Duggan, who, while in the employment of defendant as night switchman at its yard in Kansas City, Missouri, and engaged in his duty of coupling cars, was necessarily compelled to step on the track of defendant’s switch yard, and between and near the cars of defendant’s train, and in doing so, without any fault on his part, and by reason of defendant’s negligence in not blocking up the frog of said switch track, his foot was caught and firmly held in and between the rails of the track onand a part of the switch, whereon and…

2Cases cited15 opinions

  1. Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
  2. Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
  3. Spohn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1885
  4. Whitsett v. RansomSupreme Court of Missouri · 1883
  5. Baker v. StonebrakerSupreme Court of Missouri · 1865

10 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Neil v. Cunningham Store Co.Missouri Court of Appeals · 1910

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