McManus v. Oregon Short Line Railroad
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The court erred in refusing the instruction offered by the defendant at the close of the whole case, (a) The failure of defendant to block the guard rail was not negligence, (b) The death of McManus was caused by his own negligence, (c) The deceased assumed the risk. (2) It is not negligence to leave guard rails unblocked. O’Neil r. Railroad, 92 N. W. 731; Southern Pac.
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Appeal from St. Louis City Circuit Court. — Hon. Warwick Hough, Judge. (1) The court erred in refusing the instruction offered by the defendant at the close of the whole case, (a) The failure of defendant to block the guard rail was not negligence, (b) The death of McManus was caused by his own negligence, (c) The deceased assumed the risk. (2) It is not negligence to leave guard rails unblocked. O’Neil r. Railroad, 92 N. W. 731; Southern Pac. Co. v. Seeley, 152 U. S. 145; Railroad v. McCormick, 74 Ind. 440; Kilpatrick v. Railroad, 121 Fed. 11; Gilbert v. Railway, 128 Fed. 529; Morris v.…
1Opinion of the CourtBland, P. J.
(after stating the facts). — 1. The first question presented for decision is whether or not the court erred in leaving it to the jury to find whether or not the defendant was negligent in failing to block the guard rail in its yards w'here the deceased was run over and'killed. The rulings of the Federal courts are to the effect that, as railroad companies are charged with negligence if they block their guard rails, because employees are liable to stub their toes and fall over the blocks, and they are charged with negligence if they fail to block them, because employees are liable to put *158their…
2Cases cited15 opinions
- Gannon v. Laclede Gas Light Co.Supreme Court of Missouri · 1898
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Rothrock v. Cordz-Fisher Lumber Co.Supreme Court of Missouri · 1898
- Lake Shore & Michigan Southern R. W. Co. v. McCormickIndiana Supreme Court · 1880
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
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3Cited by4 opinions
- St. Louis S. F. R. Co. v. LongSupreme Court of Oklahoma · 1913
- Coy v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1914
- Biggie v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1911
- Oregon Short Line Railroad v. McManusSupreme Court of the United States · 1907