Muirhead v. Hannibal & St. Joseph Railway Co.
Missouri Court of Appeals
Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case’ by the court. This is an action by plaintiff, an employe of defendant, to recover damages for an injury sustained by Mm while engaged in defendant’s services as a bridge carpenter and car repairer. The acts of negligence on the part of defendant, alleged in the petition, are numerous.
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Appeal from Livingston Circuit Court, Hon. James M. Davis, Judge. Statement of case’ by the court. This is an action by plaintiff, an employe of defendant, to recover damages for an injury sustained by Mm while engaged in defendant’s services as a bridge carpenter and car repairer. The acts of negligence on the part of defendant, alleged in the petition, are numerous. The plaintiff was ordered, in the line of his duty, to proceed on a wrecking train, to the relief of one of defendant’s passenger trains, which had just been wrecked. It is alleged that a wrecking or derrick car was placed in…
1Opinion of the Court
I
Hall, J.
The court erred in giving plaintiff’s second instruction. There was no evidence to sustain it. There was no evidence that the derrick car was old, rotten, or out of repair, except, only, that it was without a draw-head in its forward end. The only defect testified to by the plaintiff was the want of the draw-head. The plaintiff testified that he had been called to where the said car was, the evening before the accident, to help put in some timbers, and that “some of the men said they would not fit, and I went away without an examination. There was no draw-head.”
Wenzel, a witness for…
2Cases cited3 opinions
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Smith v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1878
- Cagney v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
3Cited by8 opinions
- Anderson v. Forrester-Nace Box Co.Missouri Court of Appeals · 1903
- Lee v. Publishers, George Knapp & Co.Missouri Court of Appeals · 1893
- Thompson v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900
- Compher v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1908
- Hannibal & St. Joseph Railroad v. KanaleySupreme Court of Kansas · 1888
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