Bluedorn v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Cou/rt. — Hon. D. D. Fisheb, Judge. (1) A verdict upon the pleadings and the evidence should have been directed for the defendant upon ■ the grounds: First, of his contributory negligence; second, of the failure to associate in causal relation the speed of the train, and the plaintiff’s injury, (a) Plaintiff admits that it was his positive duty to watch for and keep out of the way of this train as well as all others; that it was plain to be…
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Appeal from St. Louis City Circuit Cou/rt. — Hon. D. D. Fisheb, Judge. (1) A verdict upon the pleadings and the evidence should have been directed for the defendant upon ■ the grounds: First, of his contributory negligence; second, of the failure to associate in causal relation the speed of the train, and the plaintiff’s injury, (a) Plaintiff admits that it was his positive duty to watch for and keep out of the way of this train as well as all others; that it was plain to be seen, at least, one hundred and twenty feet away; that he only saw it because its presence was forced upon him, and…
1Opinion of the CourtBurgess, J.
This is an action for personal injuries. The case was before this court on a former appeal, and will be found reported in 108 Mo. 439, in which the facts as disclosed at the trial in the circuit court are stated by Black, C. J., as follows:
“This is an appeal prosecuted by the defendant from a judgment in favor of plaintiff in a personal damage suit. The plaintiff was injured by a passenger train, while in the employ of the defendant as a night switchman, so that it became necessary to amputate his leg between the knee and ankle. He founds his action ■on the violation of an ordinance of the…
2Cases cited8 opinions
- City of St. Louis v. WeberSupreme Court of Missouri · 1869
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Corrigan v. GageSupreme Court of Missouri · 1878
- Musser v. AdlerSupreme Court of Missouri · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Burge v. Wabash RailroadSupreme Court of Missouri · 1912
- Inland Steel Co. v. YedinakIndiana Supreme Court · 1909
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. PowersIndiana Supreme Court · 1909
- Jackson v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Missouri · 1900
- Morton v. HeidornSupreme Court of Missouri · 1896
28 more not listed; retrieve them via the Exa API.