Stephens v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. Q-. W. Dunn, J udge. (1) The demurrer to the evidence should have been sustained. The risk to plaintiff was an obvious one. Keegan v, Cavanaugh, 62 Mo. 232; McDermott v. Railroad, 87 Mo. 285; Klynnv. Railroad, 78 Mo. 195 ; Porter v. Railroad, 71 Mo. 67 ; Dowling v. Allen, 88 Mo. 293. (2) All the testimony shows plaintiff was guilty of such negligence as to preclude his recovery.
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Appeal from Clay Circuit Court. — Hon. Q-. W. Dunn, J udge. (1) The demurrer to the evidence should have been sustained. The risk to plaintiff was an obvious one. Keegan v, Cavanaugh, 62 Mo. 232; McDermott v. Railroad, 87 Mo. 285; Klynnv. Railroad, 78 Mo. 195 ; Porter v. Railroad, 71 Mo. 67 ; Dowling v. Allen, 88 Mo. 293. (2) All the testimony shows plaintiff was guilty of such negligence as to preclude his recovery. Bell v. Railroad, 72 Mo. 59 ; s. o. 86 Mo. 600; McDermott v. Railroad, 87 Mo. 285 ; Dale v. Railroad,-63 Mo. 455. (3) The proof does not sustain the cause of action charged in…
1Opinion of the CourtBlack, J.
This case has been here before and is reported in 86 Mo. 221. It is now freed from any question of negligence on the part of those in charge of the train, and stands on the alleged negligence of Rice and the alleged contributory negligence of the plaintiff. Now, as on the former appeal, it appears that plaintiff and five others, under John Rice as their foreman, were engaged in raising a part of defendant’s track. For that purpose rocks were distributed along the track by the construction train. Plaintiff and the other laborers *210put them on the track, broke them with sledge-hammers, and forced…
2Cases cited4 opinions
- Keegan v. KavanaughSupreme Court of Missouri · 1876
- Overholt v. ViethsSupreme Court of Missouri · 1887
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Winters v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1867
3Cited by91 opinions
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Jewell v. Kansas City Bolt & Nut Co.Supreme Court of Missouri · 1910
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Taylor v. Evansville & Terre Haute RailroadIndiana Supreme Court · 1889
- Schroeder v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
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