Fassbinder v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from Cole Circuit Court. — Hon. William H. Martin, Judge. (1) The petition is fatally defective in that it fails to charge that defendant knew or by the exercise of ordinary care might have known of the defective condition of the brake complained of. Ancient, indeed, but still alive and active are the authorities, to this effect. Mc-Dermott v. Railroad, 30 Mo. 115; Current v. Railroad, 86 Mo. 63; Obert v. Dunn, 140 Mo. 485; Corbett v. Railroad, 26 M'o.
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Appeal from Cole Circuit Court. — Hon. William H. Martin, Judge. (1) The petition is fatally defective in that it fails to charge that defendant knew or by the exercise of ordinary care might have known of the defective condition of the brake complained of. Ancient, indeed, but still alive and active are the authorities, to this effect. Mc-Dermott v. Railroad, 30 Mo. 115; Current v. Railroad, 86 Mo. 63; Obert v. Dunn, 140 Mo. 485; Corbett v. Railroad, 26 M'o. App. 628; Herbert v. Shoe Co., 90 Mo. App. 310; Howard v. Railroad, 173 Mo. 524; Franklin v. Railroad, 97 Mo. App. 482; Elliott on…
1Opinion of the CourtJohnson, J.
Action for personal injuries charged to have been caused by the negligence of defendant. Plaintiff recovered judgment in the sum of $2,500. The injury occurred on M'arch 7, 1905, while plaintiff was working as a common laborer in the service of a gravel company at Osage City, a point on the line of defendant’s railroad. At the request of this company, defendant had placed two empty coal cars on a switch track contiguous to the gravel beds, and these were being loaded with gravel for shipment over defendant’s road. It appears that frequently in loading a car it was necessary to shift its…
2Cases cited7 opinions
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Casey v. Wrought Iron Bridge Co.Missouri Court of Appeals · 1905
- Sykes v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1903
- Young v. Waters-Pierce Oil Co.Supreme Court of Missouri · 1905
- Tateman v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936
- Midway National Bank & Trust Co. v. DavisSupreme Court of Missouri · 1921
- Polovich v. SayersSupreme Court of Missouri · 1967
- Hawkins v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1914
- Strayer v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1913
5 more not listed; retrieve them via the Exa API.