Kelley v. Chicago & Alton Railway Co.
Missouri Court of Appeals
Appeal from Audrain Circuit Court. — Now. E. M. Hughes, Judge. (1) In the light of plaintiff’s admission and the undisputed evidence, he is precluded from a right to recover in this action and in such circumstances it was the plain duty of the trial court to direct a verdict for defendant. Feary v. Railroad, 162 Mo. 105; Holmes v. Leadbetter, 95 Mo. App. 419; Spooner v. Railroad, 23 Mo.
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Appeal from Audrain Circuit Court. — Now. E. M. Hughes, Judge. (1) In the light of plaintiff’s admission and the undisputed evidence, he is precluded from a right to recover in this action and in such circumstances it was the plain duty of the trial court to direct a verdict for defendant. Feary v. Railroad, 162 Mo. 105; Holmes v. Leadbetter, 95 Mo. App. 419; Spooner v. Railroad, 23 Mo. App. 411. Plaintiff’s testimony shows that his injuries were not produced by any act of negligence of defendant, but were due to an accident or peril of the employment well known to plaintiff, and the danger…
1Opinion of the CourtGoode, J.
(After stating the facts as above.) We have preferred to state this case largely in the language of the respondent in order to be sure to make a presentation that is fair to him, and will follow the same plan in further reference to the facts. Our copious transcriptions from his testimony show he attributes his fall and consequent injury to the torch-light failing for lack of oil, thereby causing him to stumble in the darkness over the seat-box, and to hi's footing being insecure because of the oil on the cab floor and on his shoes. It is plain that if the fall was not due to the respondent’s…
2Cases cited10 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Blanton v. DolbSupreme Court of Missouri · 1891
- Fuchs v. City of St. LouisSupreme Court of Missouri · 1902
- Fugler v. BotheSupreme Court of Missouri · 1893
- Steinhauser v. SpraulSupreme Court of Missouri · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Removich v. Bambrick Bros. Construction Co.Supreme Court of Missouri · 1915
- Bradley v. James H. Forbes Tea & Coffee Co.Supreme Court of Missouri · 1908
- Wilks v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
- Smith v. Gulf, Colorado & Santa Fe Railway Co.Missouri Court of Appeals · 1914
- Cody v. LuskMissouri Court of Appeals · 1914
4 more not listed; retrieve them via the Exa API.