Feeback v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Error to Cass Circuit Court. — Hon. ~W. W. Wood, Judge. (1) Although, deceased was a trespasser on defendant’s train and was guilty of negligence in riding thereon, in violation of the company’s rules, yet such negligence was not contributory, and will not preclude a recovery in this case, because it was not the proximate cause of the injury. 7 Am. and Eng. Ency.
Read the full summary
Error to Cass Circuit Court. — Hon. ~W. W. Wood, Judge. (1) Although, deceased was a trespasser on defendant’s train and was guilty of negligence in riding thereon, in violation of the company’s rules, yet such negligence was not contributory, and will not preclude a recovery in this case, because it was not the proximate cause of the injury. 7 Am. and Eng. Ency. Law (2 Ed:), 401; Kelly v. Eailroad, 95 Mo. 279. (2) Plaintiff is entitled to recover in this .action because the employees of defendant, on its south bound train, could, by the exercise of ordinary care, have known of the danger of…
1Opinion of the CourtValliant, J.
Plaintiff sues to recover damages for the death of her husband who was killed in a railroad wreck caused by the collision of two freight trains owned and operated by the defendant. The accident occurred at Adrian, in Bates county.
The petition avers that it was the custom of defendant, its officers, agents and employees to carry “passengers and other persons, on all its trains, including freight trains,” and that on this occasion the plaintiff’s husband was on the freight train that was wrecked “with the permission, knowledge, and *212consent of the defendant, its officers, agents, servants and…
2Cases cited3 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
3Cited by8 opinions
- Karr v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1937
- Giles v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1913
- Oatman Ex Rel. Oatman v. St. Louis-Southwestern Railway Co.Supreme Court of Missouri · 1924
- Williams v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
- Forsythe v. Shryack-Thom Grocery Co.Supreme Court of Missouri · 1920
3 more not listed; retrieve them via the Exa API.