Harris v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Upon the undisputed evidence plaintiff was-guilty of contributory negligence, which precludes any recovery. White on Personal Injuries, sec. 415; Spencer v. Railroad, 130 Ind. 181; Fore v. Railroad, 144 Mo.
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Appeal from St. Louis City Circuit Court. — Hon. George H. Shields, Judge. (1) Upon the undisputed evidence plaintiff was-guilty of contributory negligence, which precludes any recovery. White on Personal Injuries, sec. 415; Spencer v. Railroad, 130 Ind. 181; Fore v. Railroad, 144 Mo. App. 557; Cleary v. Packing Co., 71 Minn. 150; Whitcomb v. McNulty, 105 Fed. 845; Roach v. Railroad, 116 Ala. 360; Fay v. Railroad, 96 N. W. 638; Pool v. Railroad, 160 U. S. 438; McG-raw v. Railroad, 45 Pac. 383, 22 Colo. 363; Wilkinson v. Railroad, 117 N. W. 611; McLean v. Chemical Co., 165 Mass. 5; Hulien v.…
1Opinion of the CourtAllen, J.
—This is an action to recover damages for personal injuries suffered by plaintiff, while in the employ of defendant company, and alleg’ed to have been sustained by reason of the negligence of defendant’s agents and servants. Plaintiff recovered, and the case is here upon defendant’s appeal.
■ At the time of plaintiff’s injury, to-wit, August 21, 1909, he was employed as brakeman upon a “work train” of defendant, and had been so employed and working with the train crew thereof since the ninth of the same month, a period of twelve days. Upon the day in question this work train consisted, it…
2Cases cited12 opinions
- Southern Pacific Co. v. PoolSupreme Court of the United States · 1896
- Atlas Engine Works v. RandallIndiana Supreme Court · 1885
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Missouri Pacific Railway Co. v. WaltersSupreme Court of Kansas · 1908
- Jefferson v. Birmingham Railway & Electric Co.Supreme Court of Alabama · 1896
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3Cited by1 opinion
- Briscoe v. Chicago & Alton RailroadMissouri Court of Appeals · 1919