McKee v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — ÍZo». A. M. Woodson, Judge. (1) The court erred in not sustaining defendant’s demurrer to plaintiff’s case, because plaintiff based his ease solely on alleged customs as to climbing through between cars and as to hell signals hy switch engines, and there was an entire failure of proof as to any such customs, either in relation to trains standing or moving on the east main line, or even in relation to cars standing or moving in the yard.
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Appeal from Buchanan Circuit Court. — ÍZo». A. M. Woodson, Judge. (1) The court erred in not sustaining defendant’s demurrer to plaintiff’s case, because plaintiff based his ease solely on alleged customs as to climbing through between cars and as to hell signals hy switch engines, and there was an entire failure of proof as to any such customs, either in relation to trains standing or moving on the east main line, or even in relation to cars standing or moving in the yard. It requires very different evidence to establish a custom. Anderson Law Diet., pp. 303 and 1070; 27 Am. and Eng. Ency.…
1Opinion of the CourtBroaddus, J.
This is an action for negligence. Plaintiff sues to recover damages for injuries alleged to have been received May 2, 1901, while in the employ of defendant at its switch yards in the city of St. Joseph, Missouri. The allegations of the petition are substantially, that there were numerous switch tracks in said yard used in the handling of defendant’s freight business, in which defendant employed a large number of men; that its freight depot was on the east side of said tracks; that on the west side thereof the defendant had provided for the use of its workmen a privy vault, which in order to…
2Cases cited9 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- Fugler v. BotheSupreme Court of Missouri · 1893
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Steinhauser v. SpraulSupreme Court of Missouri · 1895
4 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Harris v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914