Parsons v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (T) Defendant’s demurrer to the evidence should have been sustained for at least* four different reasons..
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Appeal from Cooper Circuit Court. — Hon. E. L. Edwards, Judge. (T) Defendant’s demurrer to the evidence should have been sustained for at least* four different reasons.. (a) The evidence shows that the alleged unsound condition of the car was not the proximate cause of the injury, but that the immediate cause of the injury was-the neglect of plaintiff’s son, the deceased brakeman, to-set at least one of the brakes, at all, and his failure to set the other brakes upon the cars which escaped, sufficiently tight to hold them upon the grade. Cooley on Torts [1 Ed.] prop. 3, pp. 70, 71; prop. 4,…
1Opinion of the CourtBrace, J.
This is an action instituted by plaintiff to recover damages for the death of his minor son, Walter Parsons, who was in the employ of defendant as a brakeman, and whose death, it is alleged, was caused by the breaking of the defective timbers of a car in the train on which he was engaged.
The evidence on the part of the plaintiff tended to prove that said Walter was, at the time of his death, a minor, unmarried, aged about eighteen years and four *291monthsthat .plaintiff was his father, and that his mother was dead; that the train on which he was employed as a brakeman was hauling rock from a…
2Cases cited5 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Harrison v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Huckshold v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1886
- Thompson v. North Missouri Rail RoadSupreme Court of Missouri · 1873
- Donovan v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
3Cited by82 opinions
- Bond v. United R.R. of S.F.California Supreme Court · 1911
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- In re Air Crash Disaster Near Chicago, Illinois on May 25, 1979Court of Appeals for the Seventh Circuit · 1981
- State v. WalkerSupreme Court of Missouri · 1888
- Provident Life & Accident Ins. v. PrietoTennessee Supreme Court · 1935
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