Gurley v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cass Circuit Court.— Hon. C. W. Sloan, ’ Judge. This is an action for damages based upon the alleged negligence of defendant in carelessly and negligently driving and forcing certain loose cars on its house or sidetrack, in the town of Pleasant Hill, Missouri, against some stationary cars, near a crossing on said track, whereby the plaintiff was, without warning, caught between the cars on the crossing, and thé fleshy portion of his thigh mashed.
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Appeal from Cass Circuit Court.— Hon. C. W. Sloan, ’ Judge. This is an action for damages based upon the alleged negligence of defendant in carelessly and negligently driving and forcing certain loose cars on its house or sidetrack, in the town of Pleasant Hill, Missouri, against some stationary cars, near a crossing on said track, whereby the plaintiff was, without warning, caught between the cars on the crossing, and thé fleshy portion of his thigh mashed. The answer was a general denial, and further alleged that said- crossing was not the only means of access for footmen to defendant’s…
1Opinion of the CourtGantt, P. J.
— This is an action for damages for personal injuries. At the time plaintiff was hurt he *223was attempting to pass between the cars standing on the house or storage track of defendant’s railroad in Pleasant Hill, Missouri. The charge in the petition is that defendant, without warning, violently forced its cars together, just as plaintiff was passing through, and the fleshy portion of his leg, from his thigh down, was bruised and mashed. The answer was a general denial and contributory negligence.
Negligence is a relative term. In every action for negligence of another there must be shown to exist…
2Cases cited6 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Northern Central Railway Co. v. State ex rel. GeisCourt of Appeals of Maryland · 1869
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stillson v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1878
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State Ex Rel. Kansas City Southern Railway Co. v. ShainSupreme Court of Missouri · 1937
- Watts ex rel. Watts v. Lester E. Cox Medical CentersSupreme Court of Missouri · 2012
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Schmitz v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1893
- Missouri, K. & T. Ry. Co. v. CollierCourt of Appeals for the Eighth Circuit · 1907
27 more not listed; retrieve them via the Exa API.