Penney ex rel. Ramey v. St. Joseph Stock Yards Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court.— Hon. Henry M. Barney, Judge. (1) Penney was negligent in voluntarily taking a position of peril and remaining there. Such negligence directly contributed to his injury and bars a recovery. He knew the cars would likely be moved and he was not in a position to see when the signal to move was given, nor was he where his danger was known to the other men of the crew. Defendant’s demurrer to the evidence should have been given.
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Appeal from Buchanan Circuit Court.— Hon. Henry M. Barney, Judge. (1) Penney was negligent in voluntarily taking a position of peril and remaining there. Such negligence directly contributed to his injury and bars a recovery. He knew the cars would likely be moved and he was not in a position to see when the signal to move was given, nor was he where his danger was known to the other men of the crew. Defendant’s demurrer to the evidence should have been given. Doerr v. St. Louis Brewing Co., 176 MO'. 547; Smith v. Forrester-Naee Box Co., 193 Mo. 715; Richardson v. Mesker, 171 Mo. 666; Zumault…
1Opinion of the CourtGantt, J.
— This is an action by tbe plaintiffs, who are minors, by tbeir next friend, against tbe Stock Yards Company for the alleged negligent killing of their father, Rnfns Penney, on December 4th, 1904, at St. Joseph, Missouri. The Stock Yards Company is a corporation organized under article 8, chapter 42, Revised Statutes 1889, now chapter 12, article 9, Revised Statutes 1899, entitled Manufacturing and Business Companies, in 1896. Among other purposes of this corporation as set out in its letters was ‘ ‘ The operation of terminal lines of railway” in connection with its stock yards and packing…
2Cases cited2 opinions
- Cargile v. WoodSupreme Court of Missouri · 1876
- Powell v. SherwoodSupreme Court of Missouri · 1901
3Cited by7 opinions
- Howard v. Scarritt Estate Co.Supreme Court of Missouri · 1916
- Hawkins v. SmithSupreme Court of Missouri · 1912
- Reding v. RedingMissouri Court of Appeals · 1910
- Briscoe v. Chicago & Alton RailroadMissouri Court of Appeals · 1919
- Henderson v. Terminal RailroadMissouri Court of Appeals · 1910
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