Brimer v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) It is not negligence on the part of defendant to supply a car with the standards and hoards as described in the petition and evidence, to be used for the purpose shown by the evidence. Defendant could not have anticipated that plaintiff or any other would undertake to use the board spoken of in the pleading’s and evidence to lean upon or ride on.
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Appeal from Pike Circuit Court. — Hon. David H. Eby, Judge. (1) It is not negligence on the part of defendant to supply a car with the standards and hoards as described in the petition and evidence, to be used for the purpose shown by the evidence. Defendant could not have anticipated that plaintiff or any other would undertake to use the board spoken of in the pleading’s and evidence to lean upon or ride on. Brewing Co. v. Talbot, 141 Mo. 676, 42 S. W. 679; Hicks v. Railroad, 6 Mo. App. 304; Ray on Negligence of Imposed Duties, 134; Webb’s Pollock on Torts (Am. Ed.), 46; Hart v. Railway, 7…
1Opinion of the CourtGoode, J.
This plaintiff was hurt by falling from a flat car in one of the defendant’s construction trains. The train was composed of nine flat cars used for hauling dirt. Five of the cars had four loose planks which were placed on their edges along the sides of the car to prevent the dirt from escaping. The cars had standards on either side about three feet high with forked tops. When dirt was to be unloaded the boards were raised into the forks of the standards and they then extended from one fork to the other, and so remained until the car was to be reloaded with dirt. There were four standards on…
2Cases cited2 opinions
- Zellars v. Missouri Water & Light Co.Missouri Court of Appeals · 1902
- Palmer v. Kinloch Telephone Co.Missouri Court of Appeals · 1901
3Cited by5 opinions
- Campbell v. Southern Pacific Co.Oregon Supreme Court · 1926
- Wallace v. RailroadSupreme Court of North Carolina · 1906
- Chicago, B. & Q. R. Co. v. MurrayWyoming Supreme Court · 1929
- Wellinger v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1944
- Suprenant v. Great Northern Railway Co.Supreme Court of Minnesota · 1913