Evans v. Wabash Railroad
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Son. Jno. P. Butter, Judge. (1) Defendant was not the insurer of the safety of plaintiff’s husband on the occasion here described.
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Appeal from Chariton Circuit Court. — Son. Jno. P. Butter, Judge. (1) Defendant was not the insurer of the safety of plaintiff’s husband on the occasion here described. Turner v. Haar, 114 Mo. 346; 1 Labatt on Master and Servant, p. 306; Flori v. St. Louis, 69 Mo. 341; Fuchs v. St. Louis, 167 Mo. 621; Gulath v. St. Louis, 179 Mo. 38; Cox, Admr., v. Railroad, 102 Iowa 711; Stock-well v. Railroad, 106 Iowa 63; Kinzel v. Railroad, 137 Fed. 489. (2) The storm — an act of God — was the proximate cause of the death of Geo. W. Evans on December 12, 190-3. For this result defendant was not…
1Opinion of the CourtFox, J.
This cause reached this court by appeal from a judgment in favor of Anna Evans, respondent, and against the Wabash Railway Company, appellant, rendered in the circuit court of Chariton county.
Respondent is the widow of George W. Evans, who was killed in a collision between a passenger train and a freight train, near the city of Brunswick, Chariton county, on December 12, 1903. The deceased was fireman on an engine, pulling passenger train No. 12 on appellant’s railroad, which passenger train ran into freight train No. 91 about two miles east of Brunswick while said freight train was standing…
2Cases cited4 opinions
- Beave v. St. Louis Transit Co.Supreme Court of Missouri · 1908
- Roscoe v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1907
- Turner v. HaarSupreme Court of Missouri · 1893
- Shuler v. Omaha, Kansas City & Eastern Railway Co.Missouri Court of Appeals · 1901
3Cited by13 opinions
- May Department Stores Co. v. BellCourt of Appeals for the Eighth Circuit · 1932
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Missouri, Kansas & Texas Railway Co. v. ThomasCourt of Appeals of Texas · 1910
- Lathrop v. RippeeSupreme Court of Missouri · 1968
- Midland Valley R. v. ConnerCourt of Appeals for the Eighth Circuit · 1914
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