Honea v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) In order to prevent a collision it was the duty of the section foreman to cause the crew and the handcar to clear the main track at least ten minutes before the arrival of the fast passenger train, which was running on schedule time, and the failure to perform this duty constituted actionable negligence.
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Appeal from Butler Circuit Court. — Hon. J. G. Sheppard, Judge. (1) In order to prevent a collision it was the duty of the section foreman to cause the crew and the handcar to clear the main track at least ten minutes before the arrival of the fast passenger train, which was running on schedule time, and the failure to perform this duty constituted actionable negligence. Schroeder v. Railroad, 108 Mo. 322; Stephens v. Railroad, 86 Mo. 221; Sec. 5426, R. S. 1909; Sec. 2865; R. S. 1899; Sec. 5427, R, S. 1909; Sec. 2866; R. S. 1899; Settle v. Railroad, 127 Mo. 344. (2) There is no assumption of…
1Opinion of the CourtLamm, J.
— Suing in the Butler Circuit Court for the alleged wrongful death of her husband, John Honea, plaintiff had judgment for $10,000' on a jury’s verdict. From an order granting a new trial on defendant’s motion, she appealed.
The specific allegations of negligence put to the jury will be set forth in the words of the pleader in connection with a discussion of plaintiff’s instruction number one. For the present, as a foreword, a mere outline of the petition will do, viz.:
On the theory that Honea was a section man about his master’s business on a hand car in charge of defendant’s foreman and was…
2Cases cited2 opinions
- Curtis v. McNairSupreme Court of Missouri · 1903
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1911
3Cited by18 opinions
- Cash v. Sonken-Calamba Co.Supreme Court of Missouri · 1929
- Armbruster v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1914
- Davis v. JohnsonSupreme Court of Missouri · 1933
- Goodwin v. Missouri Pacific RailroadSupreme Court of Missouri · 1934
- Johnson v. Dixie Mining & Development Co.Missouri Court of Appeals · 1913
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