Eliot v. Kansas City, Ft. Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Now. W. B. Teasdale, Judge. The court should have directed a verdict for defendant for each of the following reasons: (a) There was no proof that the death of plaintiff’s husband was caused as charged in the petition, or by negligence of defendant in any respect, (b) The testimony showed that his injuries were due to his own carelessness, or at best resulted from his voluntarily taking unnecessary chances in doing his work, (c) His…
Read the full summary
Appeal from Jackson Circuit Court. — Now. W. B. Teasdale, Judge. The court should have directed a verdict for defendant for each of the following reasons: (a) There was no proof that the death of plaintiff’s husband was caused as charged in the petition, or by negligence of defendant in any respect, (b) The testimony showed that his injuries were due to his own carelessness, or at best resulted from his voluntarily taking unnecessary chances in doing his work, (c) His injuries and death were in law accidental. Plaintiff failed to overcome the presumption existing in favor of defendant that it…
1Opinion of the CourtBurgess, J.
Plaintiff, the widow of B. F. Eliot, sues for five thousand dollars damages for the death of her husband, who, on the 27th day of May, 1901, while in the employ of and acting as switchman for defendant, and in the performance of his duties as such, in the yards of defendant" in. Kansas City, was struck and injured on the back of his hand by one of defendant’s engines, from the results of which injury and other “matters and things’’ set forth in the petition, the said B. F. Eliot, on the 17th day of July, 1901, died. The trial resulted in a verdict and judgment for five thousand dollars in…
2Cases cited12 opinions
- Cahill v. . HiltonNew York Court of Appeals · 1887
- Yarnell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1893
- Pennsylvania Co. v. WhitcombIndiana Supreme Court · 1887
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Ricketts v. HartSupreme Court of Missouri · 1899
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Ewing v. Vernon CountySupreme Court of Missouri · 1909
- Garrett v. WiltseSupreme Court of Missouri · 1913
- Lawson v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1914
- W. W. Cook & Son v. City of CameronMissouri Court of Appeals · 1910
- Lyons v. National Surety Co.Supreme Court of Missouri · 1912
7 more not listed; retrieve them via the Exa API.