Hackler v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circnit Court. — Hon. Jas. E. Goodrich, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence.
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Appeal from Jackson Circnit Court. — Hon. Jas. E. Goodrich, Judge. (1) The court erred in overruling the defendant’s demurrer to the evidence. The deceased son of the plaintiff, was at most a bare licensee upon the defendant’s cars and his presence on the car, is not shown by the record to have been known by the employees of the defendant in charge of the engine, nor did the plaintiff prove any facts which would place upon the defendant the duty of changing the ordinary custom of shunting its cars, to avoid injury to the plaintiff’s son, but having had no business on the car, and his service…
1Opinion of the CourtEllison, J.
Plaintiff is the mother of a boy who was killed in the state of Kansas by falling from one of defendant’s freight cars. Her claim is that her son’s death was the result of the negligence of defendant’s servants in switching cars. The action is founded on the statutes of Kansas. She recovered .judgment in the circuit court.
The following statement of facts in the case is taken substantially from that made by plaintiff: The Boyd Construction Company had its employees engaged in unloading gravel from defendant’s cars standing on a switch, and it had been so engaged for several months prior to the…
2Cases cited4 opinions
- Hedrick v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Wencker v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1902
- Hawk v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1908
- Gabriel v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1909