Goodrich v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. I (1) A railroad company owes the same duty to its employees to furnish an unobstructed and safe track as to furnish safe appliances. An injury resulting to an employee from a failure of duty in this regard on the part of the company gives a cause of action.
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Appeal from Henry Circuit Court. — Hon. James H. Lay, Judge. I (1) A railroad company owes the same duty to its employees to furnish an unobstructed and safe track as to furnish safe appliances. An injury resulting to an employee from a failure of duty in this regard on the part of the company gives a cause of action. Henry v. Railroad, 109 Mo. 487; O’Mellia v. Railroad, 115 Mo. 205; Dickson v. Railroad, 124 Mo. 140. (2) "Where the tracks of one company are rightfully used by the employees of another company, the same duty is owed to employees of both companies by the company whose tracks are…
1Opinion of the CourtMarshall, J.
The plaintiff sues the defendant for five thousand dollars damages under sections 4426 and 442.7, *225E. S. 1889, for the death of her husband Ealph Goodrich, who was killed near Hartwell, in Henry county, about one o’clock on the morning of July 9th, 1895, in consequence of the engine, on which he was the fireman, running over a horse that had strayed onto the track, and being derailed and wrecked. The negligence charged against the defendant is that it failed to erect and maintain lawful fences on the sides of its tracks, and that by reason thereof the horse strayed onto the track, causing the…
2Cases cited9 opinions
- Mayor of Liberty v. BurnsSupreme Court of Missouri · 1893
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- King v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1886
- Chubbuck v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Gitchell v. MessmerSupreme Court of Missouri · 1885
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3Cited by8 opinions
- Strode v. Columbia Box Co.Missouri Court of Appeals · 1907
- Southern Kansas Ry. Co. of Texas v. ShinnCourt of Appeals of Texas · 1913
- Houston's Admr. v. Thompson's Admr.Missouri Court of Appeals · 1901
- Long v. ThompsonSupreme Court of Missouri · 1944
- Smith v. Gulf, Colorado & Santa Fe Railway Co.Missouri Court of Appeals · 1914
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