McGuire v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Clark Circuit Court. — Hon. Chas. D. Btewart, Judge. (1) The court should have instructed the jury to find a verdict in favor of defendant, because the evidence showed that there was a safe way for plaintiff to perform the duty in which he was engaged and he voluntarily .chose a hazardous way in which to perform it. .Morris v. Railroad, 108 Fed. (C. C. A.), 747; Subtle v. Railroad, 144 Fed.
Read the full summary
Appeal from Clark Circuit Court. — Hon. Chas. D. Btewart, Judge. (1) The court should have instructed the jury to find a verdict in favor of defendant, because the evidence showed that there was a safe way for plaintiff to perform the duty in which he was engaged and he voluntarily .chose a hazardous way in which to perform it. .Morris v. Railroad, 108 Fed. (C. C. A.), 747; Subtle v. Railroad, 144 Fed. (O. C. A.), 668. (2) The trial court erred in holding that plaintiff did not assume the risk incident to switching done in the usual and customary manner by the crew7 of which he was a member,…
1Opinion of the CourtGoode, J.
Plaintiff, who was a brakeman in the employ of the defendant company, had his right hand mutilated while coupling cars. At the station of Dan-forth, where the accident happened, several sidetracks and a “Y” were connected with the main line, the left or west leg of the Y running northwardly from the main line, which ran east and west. Plaintiff was one of a crew on a freight train, the remainder of the crew consisting of another brakeman and foreman, an engineer and a fireman. It was known as a switching-crew and worked about Novinger, a station on defendant’s line. The particular train…
2Cases cited7 opinions
- Blundell v. Wm. A. Miller Elevator Manufacturing Co.Supreme Court of Missouri · 1905
- Charlton v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1906
- Minnier v. Sedalia, Warsaw & Southwestern Railway Co.Supreme Court of Missouri · 1902
- Phippin v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Chrismer v. Bell Telephone Co.Supreme Court of Missouri · 1906
2 more not listed; retrieve them via the Exa API.