Banks v. Wabash Western Railway Co.
Missouri Court of Appeals
Appeal from the Chariton Circuit Court. — Hon. G-. D. Burgess, Judge. (1) The demurrer to plaintiff ’ s evidence should have been sustained: First. Because the breaking of the car handle was not the proximate cause of his injuries. He was not hurt by the fall from the car. The petition alleges, and the proof shows, that his injuries were caused by being run over by the hand car, which, through chance, was following the one from which he fell.
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Appeal from the Chariton Circuit Court. — Hon. G-. D. Burgess, Judge. (1) The demurrer to plaintiff ’ s evidence should have been sustained: First. Because the breaking of the car handle was not the proximate cause of his injuries. He was not hurt by the fall from the car. The petition alleges, and the proof shows, that his injuries were caused by being run over by the hand car, which, through chance, was following the one from which he fell. The car which injured him had ho connection with either the crew or the car from which he fell. Railroad v. Trick, 34 Am. & Eng. R. R. Cases, 549; Brown…
1Opinion of the CourtGtill, J.
On and prior to June 12, 1888, plaintiff Banks was in the employ of defendant, the Wabash Railway Company, as a section hand. He had been so engaged for about two and a half months. One Summers was the foreman or boss of the “gang,” consisting in all of four men. On the morning of said June 12, this gang, under the command and control of Summers, started on a hand car, furnished by defendant for their use, down the track of the road from Dalton to prosecute their work ; and along with the Summers gang went another gang, called an “extra.” This extra gang, with their hand car, followed the…
2Cases cited12 opinions
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Devlin v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- McDermott v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1885
7 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Waller v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1894
- Bradford v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1896
- Foley ex rel. Foley v. McMahonMissouri Court of Appeals · 1905
- Boyce v. Chicago & Alton Railway Co.Missouri Court of Appeals · 1906
- Dutro v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1905
6 more not listed; retrieve them via the Exa API.