Smith v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from, Newton Circuit Court. — Hon. J C. '■ Lamson, Judge. (1) There is no evidence in the cause of any incompetency on the part of Grant Sheldon to perform the duties he was employed to perform by the defendant, or that any incompetency or unskillfulness of Sheldon caused the accident. (2) There was no evidence in the cause of any notice to the defendant of any incompetency or unskillfulness on the part of Sheldon.
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Appeal from, Newton Circuit Court. — Hon. J C. '■ Lamson, Judge. (1) There is no evidence in the cause of any incompetency on the part of Grant Sheldon to perform the duties he was employed to perform by the defendant, or that any incompetency or unskillfulness of Sheldon caused the accident. (2) There was no evidence in the cause of any notice to the defendant of any incompetency or unskillfulness on the part of Sheldon. (3) The court should have given defendant’s fourth instruction. It correctly stated the issue the jury was to try. (4) The court should have given defendant’s third…
1Opinion of the CourtMarshall, J.
Damages for personal injuries.
The petition alleges that the defendant company is and at the times therein stated was a railroad company; that on the 23d of December, 1893, the defendants, Rein-hart, McCook and Wilson, were appointed receivers of said railroad company by the Hnited States Circuit Court for the district of Kansas; that at the city of Monett “the company had a roundhouse, turntable, switch yards and coal chutes where engines are cleaned, repaired, watered, coaled and made ready to be used by defendant’s agents, servants and employees; that plaintiff was, on the 20th day of…
2Cases cited3 opinions
- Ohio & Mississippi R. W. Co. v. CollarnIndiana Supreme Court · 1881
- Williams v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Roblin v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1894
3Cited by20 opinions
- Fort Worth Elevators Co. v. RussellTexas Supreme Court · 1934
- Railroad Commission v. Alabama Great Southern R. R.Supreme Court of Alabama · 1913
- Union National Bank v. LyonsSupreme Court of Missouri · 1909
- Field v. Kansas City Refining Co.Court of Appeals for the Eighth Circuit · 1925
- State Ex Rel. American Packing Co. v. ReynoldsSupreme Court of Missouri · 1921
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