Prash v. Wabash Railroad
Missouri Court of Appeals
Appeal from Macon Circuit Court. — Ho». Nat. ill. Shelton, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. At most the injury to plaintiff was an accident. Giatio v. Railroad, 132 Mo. App. 363; Force v. Railroad, 114 Mo. App. 551; Wendall y. Railroad, 100' Mo. App. 556; Jones v. Cooperage Co., 134 Mo. App. 324; Saxton v. Railroad, 98 Mo. App. 494. Defendant’s fourth refused instruction should have been given.
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Appeal from Macon Circuit Court. — Ho». Nat. ill. Shelton, Judge. (1) Defendant’s demurrer to plaintiff’s evidence should have been sustained. At most the injury to plaintiff was an accident. Giatio v. Railroad, 132 Mo. App. 363; Force v. Railroad, 114 Mo. App. 551; Wendall y. Railroad, 100' Mo. App. 556; Jones v. Cooperage Co., 134 Mo. App. 324; Saxton v. Railroad, 98 Mo. App. 494. Defendant’s fourth refused instruction should have been given. (2) Plaintiff assumed the risk of danger resulting from the usual and customary manner of doing and performing the work in question. Minnier v.…
1Opinion of the CourtEllison, J.
Plaintiff was an employee of defendant as one of its section men and while engaged in the work was injured by the act of a servant engaged *413in the same service. The judgment in the trial court was for the plaintiff.
It appears that the section men (except plaintiff) under the direction of a foreman were engaged in removing “angle bars” or “fish plates” from the sides of the rails composing defendant’s railroad track. These plates held the rails, or were fastened onto the rails by bolts and nuts. The plates were removed in two ways — one, by knocking off the end of the holt which had the nut on…
2Cases cited6 opinions
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Stubbs v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1900
- Orendorff v. Terminal RailroadMissouri Court of Appeals · 1906
- Rawson v. Kansas City Elevated Railway Co.Missouri Court of Appeals · 1908
- Miller v. WalshMissouri Court of Appeals · 1910
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Long v. F.W. Woolworth and Co.Missouri Court of Appeals · 1927
- Brinkley v. United Biscuit Co. of AmericaSupreme Court of Missouri · 1942
- Madden v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1912
- Munden v. Kansas City, Mo.Missouri Court of Appeals · 1931
- Mihelich v. MigneryMissouri Court of Appeals · 1911
1 more not listed; retrieve them via the Exa API.