Murphy v. Wabash Railroad
Supreme Court of Missouri
Appeal from Bmtdolph Circuit Court. — Hon. J. A. Hookaday, Judge. (1) There was no proof of negligence on the part of defendant. Wood’s Master & Servant, sec. 329; Burhe v. Withrow, 98 N. Y. 565; Bailroad v. L'onergan,. 118 111. 48; Bowen v. Bailroad, 95 Mo. 268; Bohn v. Bailroad, 106 Mo. 429; Bailroad v. Stewart, 13 Lea (Tenn.), 432; Smith v. Bailroad, 69 Mo. 32; Bailroad v. Coleman, 28 Mich. 440; Bailroad v. Jtidson, 34 Mich. 506; Clark v. Bailroad, Scotch Sess.
Read the full summary
Appeal from Bmtdolph Circuit Court. — Hon. J. A. Hookaday, Judge. (1) There was no proof of negligence on the part of defendant. Wood’s Master & Servant, sec. 329; Burhe v. Withrow, 98 N. Y. 565; Bailroad v. L'onergan,. 118 111. 48; Bowen v. Bailroad, 95 Mo. 268; Bohn v. Bailroad, 106 Mo. 429; Bailroad v. Stewart, 13 Lea (Tenn.), 432; Smith v. Bailroad, 69 Mo. 32; Bailroad v. Coleman, 28 Mich. 440; Bailroad v. Jtidson, 34 Mich. 506; Clark v. Bailroad, Scotch Sess. Cases [4 Series] 273; Pequigno v. Bailroad, 12 Am.' & Eng. Railroad Cases, 210; Sjogren v. Rail, 53 Mich. 274; City v. Zimmerman,…
1Opinion of the CourtBlack, P. J.
The plaintiff obtained judgment in the circuit court for personal injuries received by him while in the employ of the defendant in the capacity of an engineer. The substantial averments of the petition are, that the defendant negligently erected and maintained a fence on its right of way so close to its track as to imperil the lives and limbs of its servants engaged in operating trains, by reason of all of which he was struck and dragged from his engine.
The errors assigned are:
1. That there was no proof of negligence on the part of the defendant.
2. The evidence shows that the accident was due…
2Cases cited7 opinions
- Wabash, St. Louis & Pacific Railway Co. v. LockeIndiana Supreme Court · 1887
- Geo. Pacific Railway Co. v. DavisSupreme Court of Alabama · 1890
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
- Scanlon v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1888
2 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Jones v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1903
- Littig v. Urbauer-Atwood Heating Co.Supreme Court of Missouri · 1922
- George v. Iowa & Southwestern Railway Co.Supreme Court of Iowa · 1918
- Hunter v. St. Louis Southwestern Railway CompanySupreme Court of Missouri · 1958
21 more not listed; retrieve them via the Exa API.