Matthews v. Chicago, Burlington & Quincy Railroad Co.
Supreme Court of Missouri
Appeal from Audrain Circuit Court. — No». James D. Barnett, Judge. (1) (a) The servant assumes all risks of injury resulting from acts done in violation of the master ’s orders and rules. Francis v. Railroad, 110' Mo. 387; Schaub v. Railroad, 106 Mo. 74; Alcorn v. Railroad, 108 Mo. 81; Zumwalt v. Railroad, 35Mo.
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Appeal from Audrain Circuit Court. — No». James D. Barnett, Judge. (1) (a) The servant assumes all risks of injury resulting from acts done in violation of the master ’s orders and rules. Francis v. Railroad, 110' Mo. 387; Schaub v. Railroad, 106 Mo. 74; Alcorn v. Railroad, 108 Mo. 81; Zumwalt v. Railroad, 35Mo. App. 661; State v. Caster, 93 Mo. 248; 3 Elliott on Railroads (2 Ed.), sec. 1314, p. 765; O’Brien v. S. C. Co., 165 Mass. 435; Railroad v. DeWees, 153 Fed. 56; Railroad v. Chasteen, 88 Ala. 591; Railroad v. Dye, 70 Fed. 24; Railroad v. Craig, 80 Fed. 488 ; Ledberg v. R. I. Co., 97…
1Opinion of the CourtWoodson, J.
This suit was brought by the widow of M. M. Matthews, deceased, against the defendants, to recover $10,000 damages sustained by her through their alleged negligence in killing her said husband. A trial was had in the circuit court of Au-drain county, which resulted in a judgment in her favor against both defendants for the sum of $9000. In due time and in proper form both appealed the cause to this court.
Many questions are raised and discussed by counsel for both the plaintiff and the defendant company, but the view we have taken of the case renders it unnecessary for us to notice but one of…
2Cases cited7 opinions
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Schaub v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1891
- Shanny v. Androscoggin MillsSupreme Judicial Court of Maine · 1876
- Francis v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1895
- Lockwood v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1882
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3Cited by3 opinions
- Johnson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Neel v. RyusMissouri Court of Appeals · 1910
- Flaiz v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1916