Fink v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Jasper Circuit Court.— Hon. David E. Blair, Judge. (1) The demurrer to the evidence should have been sustained-because, considering plaintiff’s knowledge and capacity it conclusively appears he knew the danger of his act in voluntarily hopping the car and how to avoid it, and he was, therefore guilty of contributory negligence as a matter of law.
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Appeal from Jasper Circuit Court.— Hon. David E. Blair, Judge. (1) The demurrer to the evidence should have been sustained-because, considering plaintiff’s knowledge and capacity it conclusively appears he knew the danger of his act in voluntarily hopping the car and how to avoid it, and he was, therefore guilty of contributory negligence as a matter of law. Graney v. Railroad, 157 Mo. 666; McGee v. Railroad, 214 Mo. 530; Ridenhour v. Railroad, 102 Mo. 286; Spillane v. Railroad, 135 Mo. 414; Walker v. Railroad, 193 Mo. 481; Deschner v. Railroad, 200 Mo. 328; Payne v. Railroad, 136 Mo. 562;…
1Opinion of the CourtNixon, P. J.
The respondent, a boy ten years of age, sued the appellant by his father as next friend for damages on account of personal injuries received on May 19, 1910, in the yards of the defendant company at Joplin, one of defendant’s trains having run over and crushed his leg in such a way that amputation was necessary. The trial resulted in a verdict in favor of the plaintiff in the sum of $2,500 and the defendant has appealed.
The negligent acts of the defendant as charged in the petition were, in effect, as follows: That the plaintiff having jumped upon the ladder of one of defendant’s freight cars…
2Cases cited23 opinions
- Mockowik v. Kansas CitySupreme Court of Missouri · 1906
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Hyer v. City of JanesvilleWisconsin Supreme Court · 1898
- Degonia v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1909
- Warner v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903
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3Cited by10 opinions
- Wright v. JonesTexas Commission of Appeals · 1932
- Stolte v. LarkinCourt of Appeals for the Eighth Circuit · 1940
- Kennard v. WigginsSupreme Court of Missouri · 1941
- Cherry v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Frailey v. KurnSupreme Court of Missouri · 1942
5 more not listed; retrieve them via the Exa API.