Richardson v. St. Louis & Hannibal Railway Co.
Supreme Court of Missouri
Appeal from Pike Circuit Court. — Now. David H. Eby, Judge. (1) All the evidence shows that plaintiff, with full knowledge of the defective coupler, and with full knowledge .that there was a dangerous and a safe way in which to move the car, adopted the dangerous mode, and thereby was guilty of contributory negligence and cannot recover. Defendant’s demurrer to the evidence should have been sustained.
Read the full summary
Appeal from Pike Circuit Court. — Now. David H. Eby, Judge. (1) All the evidence shows that plaintiff, with full knowledge of the defective coupler, and with full knowledge .that there was a dangerous and a safe way in which to move the car, adopted the dangerous mode, and thereby was guilty of contributory negligence and cannot recover. Defendant’s demurrer to the evidence should have been sustained. Hurst v. Railroad, 163 Mo. 322; Moor v. Railroad, 146 Mo. 572; 1 Bailey on Personal Injury, secs. 1121-23; Gilbert v. Railroad, 128 Fed. 534; Morris v. Railroad, 108 Fed. 749; George v.…
1Opinion of the CourtFox, J.
This cause is pending in this court on appeal from a judgment rendered in the circuit court of Pike county, in favor of respondent Richardson, and against appellant.
The action is for damages for injuries received by respondent on the 25th day of September, 1903, at Gilmore, while an employee of appellant. The substance of the charge on which respondent recovered in the circuit court is that, while he, as one of appellant’s brakemen, was endeavoring to couple cars, he gave a certain signal to the engineer and fireman in charge of the engine pulling the train of which he and said engineer and…
2Cases cited6 opinions
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Hill v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Hurst v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1901
- Hogan v. Citizens' Railway Co.Supreme Court of Missouri · 1899
- McHugh v. St. Louis Transit Co.Supreme Court of Missouri · 1905
1 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Morris v. Atlas Portland Cement Co.Supreme Court of Missouri · 1929
- Rhea v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Herrington v. HoeySupreme Court of Missouri · 1940
- McDonald v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1912
- Rutledge v. SwinneySupreme Court of Missouri · 1914