Sites v. Knott
Supreme Court of Missouri
Appeal from Jackson Circuit Court.- — Now. James Gibson, Judge. , (1) The demurrer should have been sustained, (a) Because, under the undisputed facts, there was no negligence on defendant’s part and no right of recovery. Stillson v. Railroad, 67 Mo. 676; Gúrley v. Railroad, 104 Mo. 212, 122 Mo. 141; Schmitz v. Railroad, 119 Mo. 256, 46 Mo.
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Appeal from Jackson Circuit Court.- — Now. James Gibson, Judge. , (1) The demurrer should have been sustained, (a) Because, under the undisputed facts, there was no negligence on defendant’s part and no right of recovery. Stillson v. Railroad, 67 Mo. 676; Gúrley v. Railroad, 104 Mo. 212, 122 Mo. 141; Schmitz v. Railroad, 119 Mo. 256, 46 Mo. App-. 380; "Wilkinson v. Railroad, 101 Mo. 63. (b) Because the deceased was guilty of gross negligence, causing his injury, and there was neither allegation nor proof of recklessness, wilfullness or wantonness on defendant’s part. 1. Negligence of the act…
1Opinion of the CourtFox, J.
This cause is here upon appeal by the defendants from a judgment of the circuit court of Jackson county, Missouri. This is an action brought by the widow of ‘William R. Sites to recover the statu*688tory penalty on account of the death of her husband, who was killed on September 6, 1901, at about 4 o’clock in the afternoon, by being crushed between the draw-heads of two freight cars in thé yards of the Chicago & Alton railroad company, located in what is called East Bottoms in Kansas City, Missouri. Deceased was a mail carrier and had been on the same route for two months prior to his death,…
2Cases cited18 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Bunyan v. Citizens' Railway Co.Supreme Court of Missouri · 1895
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3Cited by5 opinions
- Pentecost v. St. Louis Merchants Bridge Terminal RailroadSupreme Court of Missouri · 1933
- Peterie v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1914
- Bentler v. Cincinnati, Covington & Erlanger Railway Co.Court of Appeals of Kentucky · 1918
- Pentecost v. Terminal Railroad Co.Supreme Court of Missouri · 1933
- Palmer v. Saint Louis & San Francisco RailroadMissouri Court of Appeals · 1910