Hardwick v. Wabash Railroad
Missouri Court of Appeals
Appeal from Cliariton Circuit Court. — Hon. Fred Lamb, Judge. (1) At the close of plaintiff’s case, the court should have directed a verdict for defendant. The evidence wholly failed to show any violation of any duty owed by the train men to the deceased, hence there was nothing upon which to predicate negligence.
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Appeal from Cliariton Circuit Court. — Hon. Fred Lamb, Judge. (1) At the close of plaintiff’s case, the court should have directed a verdict for defendant. The evidence wholly failed to show any violation of any duty owed by the train men to the deceased, hence there was nothing upon which to predicate negligence. Cahill v. Railroad, 205 Mo. 393; Evans v. Railroad, 178 Mo. 508; Degonia v. Railroad, 224 Mo. 564; Van Dyke v. Railroad, 230 Mo. 259. (2) Defendant’s refused instructions, numbered 5 and 6, which directed the jury that the operators of defendant’s train had a right to expect…
1Opinion of the CourtEllison, P. J.
John Hardwick was an employee of the defendant and was killed by one of its trains running upon him. Plaintiff is his widow and was appointed administratrix of • his estate. She brought this action for damages; charging defendant with negligence and recovered judgment in the circuit court. There are several living children.
Hardwick was struck at a switch about two hundred feet east of defendant’s station building at Salis*159bury, Missouri, at about five o’clock on tbe morning-of November 28, 1911, that -being before daylight at that time of the year. The night was cold, with a high wind drifting…
2Cases cited41 opinions
- Second Employers'liability CasesSupreme Court of the United States · 1912
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Gulf, Colorado & Santa Fe Railway Co. v. McGinnisSupreme Court of the United States · 1913
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
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3Cited by28 opinions
- Beck v. Wilkins-Ricks Co.Supreme Court of North Carolina · 1920
- Hepp v. Quickel Auto & Supply Co.New Mexico Supreme Court · 1933
- Lopez v. TownsendNew Mexico Supreme Court · 1938
- Gray v. Hammond Lumber Co.Oregon Supreme Court · 1924
- Morris v. E. I. Du Pont De Nemours & Co.Supreme Court of Missouri · 1937
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