Reed v. Missouri, Kansas & Texas Railroad
Missouri Court of Appeals
Appeal from Henry Circuit Court. — Hon. W. W. Graves, Judge. (1) Tbe particular thing that caused the plaintiff’s injury could not, and would not reasonably be anticipated as the result of making the hitch to the car, either in the manner claimed by plaintiff, or as described by defendant’s witnesses.
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Appeal from Henry Circuit Court. — Hon. W. W. Graves, Judge. (1) Tbe particular thing that caused the plaintiff’s injury could not, and would not reasonably be anticipated as the result of making the hitch to the car, either in the manner claimed by plaintiff, or as described by defendant’s witnesses. Moreover, the nature of the work of moving wrecked cars is necessarily dangerous, and the doing of such work in the usual way, although liable to cause injury to those engaged in or near to it," was proper and justifiable. Eor these reasons negligence can not be predicated on the manner or place…
1Opinion of the CourtBroaddus, J.
The plaintiff’s action is for damages for an injury received while assisting in clearing defendant’s railroad track of a wreck. lie was a section foreman in defendant’s employ and was called upon by the agent of defendant, whose duty it was to superintend the clearing of its tracks, to assist in the work. The wreck had occurred near the city of Clinton, Missouri. The particular work in which the “wrecking crew,” as it was called, was engaged when the plaintiff received the injury was in the removal of a certain freight car which was lying on the track partly on its side. The method adopted…
2Cases cited6 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- Fugler v. BotheSupreme Court of Missouri · 1893
- Sira v. Wabash RailroadSupreme Court of Missouri · 1893
- Kane v. Falk Co.Missouri Court of Appeals · 1902
1 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Brunke v. Missouri & Kansas Telephone Co.Missouri Court of Appeals · 1905
- Central of Georgia Railway Co. v. RaySupreme Court of Georgia · 1907
- Lively v. American Zinc Co.Tennessee Supreme Court · 1916
- Rexroth v. HollowayIndiana Court of Appeals · 1909
- Nordin v. Lovegren Lumber Co.Oregon Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.