Gardner v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from Lawrence Circuit Court. — Henry Brumback, Esq., Special Judge. (1) There was evidence tending to show that the insufficiency of the safety chains contributed to the accident, and that the purpose of said chains, in part, was to hold the engine and tender together in case of the breaking of the drawbar or kingbolt.
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Appeal from Lawrence Circuit Court. — Henry Brumback, Esq., Special Judge. (1) There was evidence tending to show that the insufficiency of the safety chains contributed to the accident, and that the purpose of said chains, in part, was to hold the engine and tender together in case of the breaking of the drawbar or kingbolt. And the question of the sufficiency of the safety chains should have been submitted to the jury, and the instruction asked by plaintiff covering that point should have been given, and that given by the court of its own motion did not present all the issues. It is well…
1Opinion of the CourtBurgess, J.
Action instituted in the circuit court of Barry county, for damages for personal injuries sustained by plaintiff, while in the employ of defendant in the capacity of fireman on one of its locomotives on its railroad. The venue was changed- to the circuit court of Lawrence county, where a trial was had resulting in a verdict and judgment for defendant, and plaintiff appealed.
At the time of the accident plaintiff was standing upon the apron which covered the opening between the engine and tender, attending to his duties; they separated and he fell beneath the tender, which passed partially over…
2Cases cited7 opinions
- State v. DonnellySupreme Court of Missouri · 1895
- State v. TaylorSupreme Court of Missouri · 1889
- State v. SmithSupreme Court of Missouri · 1894
- Deal v. CooperSupreme Court of Missouri · 1887
- Sebree v. PattersonSupreme Court of Missouri · 1887
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- State v. KileNew Mexico Supreme Court · 1923
- Hightower v. EdwardsSupreme Court of Missouri · 1969
- Meredith v. WhillockMissouri Court of Appeals · 1913
- Kapiolani Estate, Ltd. v. ThurstonHawaii Supreme Court · 1906
4 more not listed; retrieve them via the Exa API.