Wilson v. United Railways Co.
Missouri Court of Appeals
Appeal from St. Louis City Circuit Court. — Hon. Geo. II. Shields, Judge. (1) The demurrer to the evidence should have been sustained, (a) Because plaintiff, before getting upon the ties, saw how they Avere arranged, and kneAv, he said, that they were improperly loaded. The danger of the ties falling Avas as obvious to plaintiff as to defendant’s foreman, therefore by getting on them without complaint plaintiff assumed the danger and risk of their falling.
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Appeal from St. Louis City Circuit Court. — Hon. Geo. II. Shields, Judge. (1) The demurrer to the evidence should have been sustained, (a) Because plaintiff, before getting upon the ties, saw how they Avere arranged, and kneAv, he said, that they were improperly loaded. The danger of the ties falling Avas as obvious to plaintiff as to defendant’s foreman, therefore by getting on them without complaint plaintiff assumed the danger and risk of their falling. Mathis v. Stock Yards, 185 Mo. 434; Hager v. Railroad, 207 Mo. 302; Lee v. Railroad, 112 Mo. App. 372. (b) Because the danger of injury…
1Opinion of the CourtGoode, J.
This plaintiff! was hurt while working at his task as an employee of defendant company and brought this action to recover damages. He was helping move a carload of ties at the time. The car had been run on a spur track to be loaded with ties, and was stopped at a short depression in the track which caused the rear end to be lower than the front, and the car stood tilted. It was a flat car about thirty-six feet long and nine feet wide. The ties were seven feet long and perhaps six inches thick and were placed lengthwise across the car. At the west or rear end were braces against which the ties…
2Cases cited6 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Wendler v. People's House Furnishing Co.Supreme Court of Missouri · 1901
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Krehmeyer v. St. Louis Transit Co.Supreme Court of Missouri · 1909
- Hof v. St. Louis Transit Co.Supreme Court of Missouri · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Green ex rel. Green v. United Railways Co.Missouri Court of Appeals · 1912
- Gale v. Helmbacher Forge & Rolling Mill Co.Missouri Court of Appeals · 1911
- Luecke v. United Railways Co.Missouri Court of Appeals · 1910
- Wilson v. United Railways Co.Missouri Court of Appeals · 1912