Cassin v. Lusk
Supreme Court of Missouri
Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. (1) The court erred in refusing to give the instruction requested by defendants in the nature . of a demurrer to the evidence, (a) Because there was( no evidence that defendants had knowledge of any defect in the hose; nor was there any evidence that a defect had .existed a sufficient time that constructive knowledge could he implied to defendants, and therefore the evidence failed to show any of the facts…
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Appeal from Dade Circuit Court. — Hon. B. G. Thurman, Judge. (1) The court erred in refusing to give the instruction requested by defendants in the nature . of a demurrer to the evidence, (a) Because there was( no evidence that defendants had knowledge of any defect in the hose; nor was there any evidence that a defect had .existed a sufficient time that constructive knowledge could he implied to defendants, and therefore the evidence failed to show any of the facts necessary to constitute actionable negligence, and for that reason the demurrer should have been given. Crane v. Railroad, 87…
1Opinion of the CourtBond, J.
Action to recover damages for personal injuries. Plaintiff, William Cassin, a man forty-five years of age, was employed by the receivers of the Frisco Railroad Company, as a coach cleaner.. On January 23, 1915, at Lawton, Oklahoma, while he *669was filling one of the water-coolers of a passenger coach by means of a hose which he had carried to the top of the coach, the hose parted and he was thrown to the ground and a freight train' passing on a parallel track ran over one of his feet, crushing it so that it had to he amputated.
The petition was in two courts, the first pleading the Federal…
2Cases cited8 opinions
- Pedersen v. Delaware, Lackawanna & Western RailroadSupreme Court of the United States · 1913
- North Carolina Railroad v. ZacharySupreme Court of the United States · 1914
- New York Central & Hudson River Railroad v. CarrSupreme Court of the United States · 1915
- Minneapolis & St. Louis Railroad v. WintersSupreme Court of the United States · 1917
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
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3Cited by14 opinions
- Hogan v. FlemingSupreme Court of Missouri · 1927
- Miller v. CollinsSupreme Court of Missouri · 1931
- Bales v. Kansas City Public Service Co.Supreme Court of Missouri · 1931
- Davis v. GatewoodSupreme Court of Missouri · 1957
- Williamson v. Wabash Railroad Co.Supreme Court of Missouri · 1946
9 more not listed; retrieve them via the Exa API.