Buckalew v. Quincy, Omaha & Kansas City Railroad
Missouri Court of Appeals
Appeal from Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) The trial court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence. There was no evidence that the section foreman Lemley told plaintiff where to take hold of the switch rail, if he told him at all.
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Appeal from Grundy Circuit Court. — Hon. P. G. Stepp, Judge. (1) The trial court erred in refusing to give defendant’s instruction in the nature of a demurrer to the evidence. There was no evidence that the section foreman Lemley told plaintiff where to take hold of the switch rail, if he told him at all. The switch rail was fifteen feet long, the foreman ivas in plain, open view, striking with the spike maul and plaintiff, with his eyes open, came up while Lemley’s back was turned and voluntarily placed himself in reach of the maul. Hurst v. Eailway, 163 Mo. 322; Graney v. Eailway, 157 Mo.…
1Opinion of the CourtSmith, P. J.
Action to recover damages for personal injuries. The negligence upon which plaintiff relies for a recovery is specified in the petition in this way, i. e., that while the plaintiff, a common laborer, was at work for defendant under the control of its section boss, he was ordered by said boss to stoop down and take hold of the steel rails near a switch point and hold them with his hands in and about helping the said boss to adjust an angle-bar, which said angle-bar was in a close proximity to the point and place at which said boss ordered plaintiff to take hold of said rails, and which said…
2Cases cited15 opinions
- Epps v. StateIndiana Supreme Court · 1885
- People v. SeamanMichigan Supreme Court · 1895
- Thompson v. IshSupreme Court of Missouri · 1889
- Ala. Great Southern R. R. v. HillSupreme Court of Alabama · 1890
- Guetig v. StateIndiana Supreme Court · 1879
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3Cited by4 opinions
- Baker v. Estate of BrownSupreme Court of Missouri · 1956
- Adkins v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1927
- Downing v. Farmers Mutual & Fire InsuranceSupreme Court of Iowa · 1912
- Grand Trunk Western Ry. Co. v. LindsayCourt of Appeals for the Seventh Circuit · 1912