Winters v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from, Livingston Circuit Court. The plaintiff moved the court to instruct the jury as follows : 1. If the jury find from the testimony that the train in which plaintiff was riding was stopped in consequence of a car or cars being off the track, and that defendant, by its agents or servants, moved said car or cars off the track, or caused it to be done, but left the same so near the track of the road that it came in collision with or scraped against the car in which…
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Appeal from, Livingston Circuit Court. The plaintiff moved the court to instruct the jury as follows : 1. If the jury find from the testimony that the train in which plaintiff was riding was stopped in consequence of a car or cars being off the track, and that defendant, by its agents or servants, moved said car or cars off the track, or caused it to be done, but left the same so near the track of the road that it came in collision with or scraped against the car in which plaintiff was riding, and that plaintiff was injured thereby, the jury must find for the plaintiff, unless they further…
1Opinion of the CourtHolmes, Judge
The plaintiff sued for damages for an injury to his person, while riding as a passenger on the defendant’s railroad, occasioned by the negligence and unskilfulness of the officers and agents in running, managing and conducting the train of’ cars, and in negligently suffering a wrecked train of freight cars to remain upon the side of the railroad so near to the track that the passenger train in passing came in contact therewith, whereby the plaintiff was seriously bruised, and his arm broken and permanently disabled.
The answer denied all negligence, and averred carelessness in the plaintiff in…
2Cited by14 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. HadleyIndiana Supreme Court · 1907
- Homan v. Missouri Pacific RailroadSupreme Court of Missouri · 1933
- Overholt v. ViethsSupreme Court of Missouri · 1887
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