O'Mellia v. Kansas City
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The risk incurred in O’Mellia’s reckless attempt to mount upon the moving engine from between the rails of the track was his own. He conld not make the attempt and hold the master responsible for the result. Bunt v. Co., 138 IT. S. 485; Solomon v. Railroad, 103 N. Y. 437; Wood on Master & Servant, sec. 372; Shearman & Eedfield on Negligence, sec 96; Moran v. Broivn, 27 Mo.
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Appeal from Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The risk incurred in O’Mellia’s reckless attempt to mount upon the moving engine from between the rails of the track was his own. He conld not make the attempt and hold the master responsible for the result. Bunt v. Co., 138 IT. S. 485; Solomon v. Railroad, 103 N. Y. 437; Wood on Master & Servant, sec. 372; Shearman & Eedfield on Negligence, sec 96; Moran v. Broivn, 27 Mo. App. 487; Fetch v. Allen, 98 Mass. 572; Porter v. Railroad, 71 Mo. 77; Randall v. Railroad, 109 IT. S. 483. The law is that when a servant willfully…
1Opinion of the Court
(xANtt, P. J.
This action was instituted in Jackson county to recover damages for the death of William O’Mellia, a switchman in defendant’s yards at Kansas City, Missouri.
He was killed by a switch engine about two o’clock in the afternoon of March 21, 1890. The switch engine was manned by the following crew: Morris Sheehan, foreman, Q-eorge Root, engineer, Thomas Hand, fireman and J. H. Larrimer and William O’Mellia, switchmen. There were no cars attached to the engine at the time of the accident. O’Mellia was what is termed among railroad men, “a follower.” It was his duty to throw switches,…
2Cases cited11 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Barry v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by68 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- George v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1910
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
63 more not listed; retrieve them via the Exa API.