Thomas v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Vernon Circmt Court. — Hon. W. J. Stone, Special Judge (1) The Wabash freight ear and Central Pacific fruit car, mentioned in evidence, were both properly-inspected at Nevada, immediately before they were attempted to be coupled by deceased, and ascertained to be sound and in good condition. Under the constitution and statute law of our state, defendant was compelled to receive and transport said fruit car without delay.
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Appeal from Vernon Circmt Court. — Hon. W. J. Stone, Special Judge (1) The Wabash freight ear and Central Pacific fruit car, mentioned in evidence, were both properly-inspected at Nevada, immediately before they were attempted to be coupled by deceased, and ascertained to be sound and in good condition. Under the constitution and statute law of our state, defendant was compelled to receive and transport said fruit car without delay. Const. 1875, art. 12, sec. 13; R. S. 1879, sec. 819; R. S. 1889, sec. 2626. The supreme court of Michigan, in Bailroad v. Smithson, 45 Mich. 222, in construing a…
1DissentBarclay, J.
(dissenting). — The main fact of plaintiff’s case is that while deceased was proceeding by night, in the line of his duty, to couple a moving Wabash freight car to a standing fruit car, and had part of his body between them for that purpose, the drawheads passed each other and allowed the cars to come together, fatally crushing him.
On this, a charge of negligence in the circumstances is based, plaintiff claiming that deceased was ignorant of the extraordinary danger that caused his death.
The petition need not be quoted.
The answer, among other things, alleged a failure of deceased to observe a…
2Cases cited19 opinions
- Washington & Georgetown Railroad v. McDadeSupreme Court of the United States · 1890
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Louisville, New Albany & Chicago Railway Co. v. FrawleyIndiana Supreme Court · 1886
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Dorsey v. Phillips & Colby Construction Co.Wisconsin Supreme Court · 1877
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