Mason v. St. L. & S. F. Ry. Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) Demnrrer to plaintiff’s evidence should have been sustained, (a) Because plaintiff was clearly guilty of contributory negligence. Renfro v. Railroad, 86 Mo. 302; Van CaxRp v. Railroad, 141 Mo. App. 344; Moore v. Railroad, 146 Mo. 572; Whiteley v. Railro.ad, 109 Mo. App. 123; Montgomery v. Railroad, 109 Mo.
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Appeal from Jackson Circuit Court. — Eon. Walter A. Powell, Judge. (1) Demnrrer to plaintiff’s evidence should have been sustained, (a) Because plaintiff was clearly guilty of contributory negligence. Renfro v. Railroad, 86 Mo. 302; Van CaxRp v. Railroad, 141 Mo. App. 344; Moore v. Railroad, 146 Mo. 572; Whiteley v. Railro.ad, 109 Mo. App. 123; Montgomery v. Railroad, 109 Mo. App. 88; Cahill v. Railroad, 105’ Mo. 393. (b) There was no negligence shown on the part of “the servants of defendant engaged in switching and operating the switch engine.” Whiteley v. Railroad, supra; Van Camp v.…
1Opinion of the CourtJohnson, J.
This is a suit by a servant against his master to recover damages for personal injuries alleged to have been caused by negligence of the master. In addition to a general denial the answer interposed defenses of assumed risk and contributory negligence. Plaintiff prevailed in the circuit court and defendant appealed.
The injury occurred shortly after two o’clock in the morning of November 18, 1900, in the yards of defendant in Kansas City where plaintiff was employed as an oiler. He had served in that capacity for about three months and it was his duty to inspect and put in order the oil boxes…
2Cases cited10 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Shanny v. Androscoggin MillsSupreme Judicial Court of Maine · 1876
- Reagan v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1887
- Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
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3Cited by1 opinion
- Hill v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1914