Williams v. Kansas City Southern Railway Co.
Supreme Court of Missouri
Appeal from. Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) On the entire record plaintiff was not entitled to recover (a) Because of his own negligence; (b) Because of his assumption of the risk flowing from the manner in which he attempted to do the work. Gibbons v. Railroad, 66 Iowa, 231; Warmington v. Railroad, 46 Mo.
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Appeal from. Jackson Circuit Court. — Hon. E. E. Porterfield, Judge. (1) On the entire record plaintiff was not entitled to recover (a) Because of his own negligence; (b) Because of his assumption of the risk flowing from the manner in which he attempted to do the work. Gibbons v. Railroad, 66 Iowa, 231; Warmington v. Railroad, 46 Mo. App. 1591; Loranger v. Railroad, 104 Mich. 80; Carrier v. Railroad, 61 Kan. 407; Francis v. Railroad, 110 Mo. 387; Estes v. Railroad, 37 Kan. 715; Fennell v. Railroad, 129 N. T. 669; Thompson v. Railroad, 26 N E. (Mass.) 825; Nickerson v. Railroad, 144 Mo. App.…
1Opinion of the CourtLamm, C. J.
Plaintiff sued in the Jackson Circuit Court for $50,000 damages for personal injuries. Issue was joined on an amended petition. Presently plaintiff recovered judgment for $10,000, and defendant appealed.
A word on the pleadings will be helpful, thus: Plaintiff, a freight brakeman, complained in his petition that he was employed on one of defendant’s freight trains that was through negligence so heavily loaded, operated on such schedule and run at such speed that it was necessary for him, in the due course of his employment, to alight from the engine of his train while in motion for the purpose…
2Cases cited2 opinions
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- Pawling and Others v. The United StatesSupreme Court of the United States · 1808
3Cited by23 opinions
- Berkemeier v. RellerSupreme Court of Missouri · 1927
- Hogue v. WurdackMissouri Court of Appeals · 1957
- Orlann v. LaederichSupreme Court of Missouri · 1936
- Lappin v. PrebeSupreme Court of Missouri · 1939
- Cech v. Mallinckrodt Chemical Co.Supreme Court of Missouri · 1929
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