Schaub v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. Hon. Thos. H. Bacon, Judge. This is an action for damages by respondent as widow of John J, Schaub, deceased, against the appellant, for the alleged negligent killing of said John J. in this, that on the ninth of-November, 1887, said deceased was a brakeman on one of defendant’s freight trains, and, in endeavoring to get off said train to uncouple some cars, he was struck by a car negligently left standing on a side or switch track…
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Appeal from Hannibal Court of Common Pleas. Hon. Thos. H. Bacon, Judge. This is an action for damages by respondent as widow of John J, Schaub, deceased, against the appellant, for the alleged negligent killing of said John J. in this, that on the ninth of-November, 1887, said deceased was a brakeman on one of defendant’s freight trains, and, in endeavoring to get off said train to uncouple some cars, he was struck by a car negligently left standing on a side or switch track of defendant so close that it was dangerous. The answer was a general denial and a plea of contributory negligence ;…
1Opinion of the CourtGantt, P. J.
From the foregoing statement it is evident that plaintiff bases her right of recovery upon the duty of defendant to exercise reasonable care to furnish her husband suitable machinery and appliances to carry on the business for which it employed him, and in this instance to furnish a safe and unobstructed track. The negligence of which plaintiff complained was the leaving of the box cars on the switch or sidetrack so close that her husband was knocked off in passing them as he swung off to let himself down from the train at Palmyra to uncouple the cars.
Defendant on the other hand seeks to…
2Cases cited7 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Parsons v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Loughlin v. . State of New YorkNew York Court of Appeals · 1887
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Hussey v. . CogerNew York Court of Appeals · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Parker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Stout v. K. C. Terminal Railway Co.Missouri Court of Appeals · 1913
38 more not listed; retrieve them via the Exa API.