Bush ex rel. Bush v. Missouri, Kansas & Texas Railway Co.
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) It was defendant’s dnty to be on tbe look ont for danger to travelers and whenever it became apparent to a reasonable mind that one was in imminent danger from tbe operation of tbe engine and tbe means 'were at band to avoid inflicting an injury it was its dnty reasonably to employ sncb means. Feeny v. Railroad, 123 Mo.
Read the full summary
Appeal from Monroe Circuit Court. — Hon. David H. Eby, Judge. (1) It was defendant’s dnty to be on tbe look ont for danger to travelers and whenever it became apparent to a reasonable mind that one was in imminent danger from tbe operation of tbe engine and tbe means 'were at band to avoid inflicting an injury it was its dnty reasonably to employ sncb means. Feeny v. Railroad, 123 Mo. App. 429; Chamberlin v. Railroad, 133 Mo. 587. (2) Although tbe engineer is in the control and management of the engine, yet if the fireman is negligent in the performance of his duties under the supervision of…
1Opinion of the CourtNortoni, J.
This is a suit for damages accrued to plaintiffs on account of the alleged negligence of defendants. The Missouri, Kansas & Texas Railway Company and its locomotive engineer, John Kenna, are jointly sued as defendants. Plaintiffs are the minor children of Joseph D. Bush, and prosecute the suit under the statute by Arthur L. Bush, their guardian and curator, for the wrongful death of their father, which, it is alleged, was occasioned through the joint negligence of the two defendants. On a trial'of the issue, the jury awarded- plaintiffs a recovery of $2500 against defendant, Missouri, Kansas…
2Cases cited5 opinions
- Loftus v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1909
- Brown v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1901
- Rigby v. St. Louis Transit Co.Missouri Court of Appeals · 1910
- Ordelheide v. Berger Land Co.Supreme Court of Missouri · 1907
- Friestatt Milling Co. v. BoggessMissouri Court of Appeals · 1899
3Cited by3 opinions
- Bassett v. Moberly Paving Brick Co.Missouri Court of Appeals · 1924
- Hopkins v. City of SpringfieldMissouri Court of Appeals · 1912
- McWilliams v. Missouri Pacific Ry. Co.Missouri Court of Appeals · 1913