Ring v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Error to Johnson Circuit Coivrt. — Hon. Chas. W. Sloan, Judge, (1) The court erred in refusing to submit the question to the jury whether Kane, the foreman of defendant,, was negligent in not notifying deceased, who was working in a dangerous place under his immediate personal supervision, of the rapid approach of the train, by giving the fifth instruction of defendant and refusing the sixth, seventh and eighth of plaintiff’s instructions.
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Error to Johnson Circuit Coivrt. — Hon. Chas. W. Sloan, Judge, (1) The court erred in refusing to submit the question to the jury whether Kane, the foreman of defendant,, was negligent in not notifying deceased, who was working in a dangerous place under his immediate personal supervision, of the rapid approach of the train, by giving the fifth instruction of defendant and refusing the sixth, seventh and eighth of plaintiff’s instructions. Miller v. Railroad, S. W. Rep.; Gessley v. Railroad, 32 Mo. App. 413; Brichson v. Railroad, 43. N. W. Rep. 332; Stevenson v. Steamship Go., 1 Jones & S.…
1Opinion of the CourtMacfarlane, J.
TMs is a suit by plaintiff to recover damages for the death of her husband, Orloff Ring, by the alleged negligence of the defendant;
The petition charges that deceased was in the employ of the defendant as a track or section hand, under a foreman, Henry Kane; that between seven and eight o’clock, on the morning of December 31,1887, he was put to work, with other hands, on the track of •defendant’s road near the limits of the city of Pleasant Hill, under the direction of said foreman; and while so •engaged, and by reason of the negligence of said foreman and the engineer of a passenger train…
2Cases cited3 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Jackson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
3Cited by12 opinions
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Logsdon v. DuncanSupreme Court of Missouri · 1956
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- State v. CatronSupreme Court of Missouri · 1927
- Graczak v. City of St. LouisSupreme Court of Missouri · 1947
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