Husted v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Jackson Circuit Court. — Hón. E. E. Porterfield, Judge. (1) To entitle plaintiff to recover there must have been substantial evidence 'tending to establish negligence on the part of the defendant. Powell v. Railway, 76 Mo. 80; Commissioner v. Clark, 94 TJ. S. 284; Bank v. Bank, 10 Wall. 639; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 338; Moore v. Railway, 28 Mo. App. 622; Peck v. Railway, 31 Mo.
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Appeal from Jackson Circuit Court. — Hón. E. E. Porterfield, Judge. (1) To entitle plaintiff to recover there must have been substantial evidence 'tending to establish negligence on the part of the defendant. Powell v. Railway, 76 Mo. 80; Commissioner v. Clark, 94 TJ. S. 284; Bank v. Bank, 10 Wall. 639; Jackson v. Hardin, 83 Mo. 175; Avery v. Fitzgerald, 94 Mo. 207; Long v. Moon, 107 Mo. 338; Moore v. Railway, 28 Mo. App. 622; Peck v. Railway, 31 Mo. App. 123; Zurfluh v. Railway, 46 Mo. App. 636; Peffer v. Railway, 98 Mo. App. 291; Railway v. Shirtle, 97 Pa. St. 450. (2) There must have also…
1Opinion of the CourtEllison, J.
Plaintiff and five others are the surviving brothers and sisters of Thomas G. Husted, who was killed at about midnight while in the employment of the defendant. He left no other heirs. She was appointed administratrix of his estate and in that capacity began this action for damages accruing to the brothers and sisters on account of his death, which she charges was occasioned through the negligence of defendant.
*626It appears that deceased, in connection with others, was engaged in unloading coal from cars into bins in defendant’s yards in the State of Kansas. The bins were situated on a level…
2Cases cited4 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. RyanSupreme Court of Kansas · 1901
- Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Holman v. NanceSupreme Court of Missouri · 1884
- Philes v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
3Cited by4 opinions
- Lessenden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
- Kroger Grocery & Baking Co. v. ReddinCourt of Appeals for the Eighth Circuit · 1942
- Richter v. East St. Louis & S. Ry. Co.District Court, E.D. Missouri · 1927
- Wilson v. Celestial Greetings, Inc.Missouri Court of Appeals · 1995