Sparkman v. Wabash Railroad
Missouri Court of Appeals
Appeal from Monroe Circuit Court. — Hon. William T. Ragland, Judge. (1) The verdict was for the right party; plaintiff was not entitled to recover, and the court should have given defendant’s peremptory instructions, (a) There was no evidence that the defects testified, to by plaintiff’s witness, Hopson, caused the explosion; and (b) it could just as reasonably be inferred that the explosion was the result of low water as that it was the result of any other cause.
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Appeal from Monroe Circuit Court. — Hon. William T. Ragland, Judge. (1) The verdict was for the right party; plaintiff was not entitled to recover, and the court should have given defendant’s peremptory instructions, (a) There was no evidence that the defects testified, to by plaintiff’s witness, Hopson, caused the explosion; and (b) it could just as reasonably be inferred that the explosion was the result of low water as that it was the result of any other cause. Breen v. St. Louis Cooperage Co., 50 Mo. App. 202; Byerly v. Light & Power Co., 130 Mo. App. 593; Groransson v. Manufacturing Co.,…
1Opinion of the CourtAllen, J.
This is an action for personal injuries sustained by plaintiff while in the employ of the defendant as a locomotive engineer. On November 9, 1910, while plaintiff was in charge of a locomotive engine of the defendant drawing a train of freight cars and proceeding from Hannibal to Moberly, in this State, the fire-box of the engine “let down,” causing an explosion whereby plaintiff was slightly burned upon the wrist, and it is claimed that later, by reason of the explosion, his hearing became affected. It appears that the plaintiff had driven this engine with a train of freight cars from…
Also in this document: Concurrence.
2Cases cited6 opinions
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
- Miller v. United Railways Co.Missouri Court of Appeals · 1911
- Kane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Feldewerth v. Wabash RailroadMissouri Court of Appeals · 1914
- Barr v. HaysMissouri Court of Appeals · 1913
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3Cited by1 opinion
- Dick v. Children's Mercy HospitalMissouri Court of Appeals · 2004