Grant v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. (1) The declaration of deceased as to the cause of his injury was competent. Missouri cases rejecting declarations of employees who perpetrated the injury, made after the event, holding that they are neither admissions of the principal nor res gestae. Price v. Thornton, 10 Mo.
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Appeal from Jackson Circuit Court. — Hon. Jas. H. Slover, Judge. (1) The declaration of deceased as to the cause of his injury was competent. Missouri cases rejecting declarations of employees who perpetrated the injury, made after the event, holding that they are neither admissions of the principal nor res gestae. Price v. Thornton, 10 Mo. App. 92; Ladd v. Couzins, 35 Mo. 513; McDermott v. Eailroad, 73 Mo. 516; Adams v. Eailroad, 74 Mo. 553; Devlin v. Eailroad, 87 Mo. 545; Barker v. Eailroad, 126 Mo. 143; Euschenberg v. Eailroad, 161 Mo. 70; Koenig v. Eailroad, 173 Mo. 698; Eedmon v.…
1Opinion of the CourtEllison, P. J.
Plaintiff is the administratrix of the estate of Arthur Grant, who was fatally injured by *337being run over by one of defendant’s trains at Mena,. Arkansas, ■which she charges was caused by the absence of an “iron handhold” on the end of the tender-of the engine.
Deceased was in the employ of defendant as head brakeman on a freight train. The train had left a. point sixty miles south and had arrived at Mena where-the engine and crew were to be changed and the train be taken thence on north by another engine and crew. When the- train arrived at Mena a freight train, also-bound north, was standing…
2Cases cited11 opinions
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Cameron v. Great Northern Railway Co.North Dakota Supreme Court · 1898
- Ruschenberg v. Southern Electric RailroadSupreme Court of Missouri · 1901
- Leahey v. Cass Avenue & Fair Grounds Railway Co.Supreme Court of Missouri · 1888
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3Cited by2 opinions
- Freeman v. Loyal Protective Ins.Missouri Court of Appeals · 1917
- Stockton v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914