Compton v. Omaha, Kansas City & Eastern Railway Co.
Missouri Court of Appeals
Appeal from the Adair Circuit Oourt. — Hon. N. M. Shelton, Judge. (1) The objection to the introduction of any evidence should have been sustained, for the reason that plaintiff admits in his petition that he had been using the car for about four weeks and knew its defects (if any there were). He pleads his inexperience, but that will not excuse him.
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Appeal from the Adair Circuit Oourt. — Hon. N. M. Shelton, Judge. (1) The objection to the introduction of any evidence should have been sustained, for the reason that plaintiff admits in his petition that he had been using the car for about four weeks and knew its defects (if any there were). He pleads his inexperience, but that will not excuse him. Pour weeks’ experience on a car, the wheels o-f which were not lined up, would not track and would not stay in proper place, but climbed the rail, would give any man information enough to know suck a car was dangerously defective, and his plea of…
1Opinion of the CourtSmith, P. J.
The defendant, a railroad corporation, employed the plaintiff, a farm hand and common laborer, to work on one of the sections of its railroad track in this state. The plaintiff, before such employment, had had no experience in working on a railroad in any capacity. He was under and subject to the orders of one Swanson, who was foreman of the section on which plaintiff was employed to work. The hand car used on the section by Swanson and the men under him was old and nearly worn-out. The cogs were worn-out 'and did not fit in well together. They were mashed on top and made the car run hard…
2Cases cited10 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Bradley v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Missouri · 1897
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Doyle v. Missouri, Kansas & Texas Trust Co.Supreme Court of Missouri · 1897
- Holloran v. Union Iron & Foundry Co.Supreme Court of Missouri · 1896
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3Cited by3 opinions
- Thompson v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1900
- Devore v. St. Louis & San Francisco Railway Co.Missouri Court of Appeals · 1900
- Reames v. Jones Dry Goods Co.Missouri Court of Appeals · 1903