Russ v. Wabash Western Railway Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Cou/rt. (1) The demurrer to the evidence should have been sustained, as the evidence simply disclosed the happening of an unfortunate accident without any fault whatever on the part of the defendant.
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Appeal from St. Charles Circuit Cou/rt. (1) The demurrer to the evidence should have been sustained, as the evidence simply disclosed the happening of an unfortunate accident without any fault whatever on the part of the defendant. Lee v. Bridge & Iron Works, 62 Mo. 565; Marshall v. Shricker, 63 Mo. 312; Boiven v. Bailroad, 95 Mo. 268; Cooley on Torts [2 Ed.] p. • 91, and cases cited; Schaub v. Bailroad, 106 Mo. 74; Steffenson v. Bailroad, 51 N. W. Rep. 610; Bailroad v. Lennon, 18 S. W. Rep. 331. (2) The court permitted the expert medical witnesses to usurp the province of the jury by stating…
1Opinion of the CourtBlack, J.
This was an action to recover damages because of personal injuries received by the plaintiff while in the employ of the defendant company.
The plaintiff and four other persons were section hands, and were all under the orders of one Bizzenberger, who was their foreman. The foreman and his men, including the plaintiff, were out on the road at work at a point west of O’Fallon. Preparatory to going east to O’Fallón they placed their tools and a water keg on a handcar and then started. The keg was large enough to hold ten gallons, and on their way it rolled off in front of the car. It threw the…
2Cases cited10 opinions
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Muldowney v. Illinois Central R.Supreme Court of Iowa · 1874
- Tabler v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1887
- Brothers v. CartterSupreme Court of Missouri · 1873
5 more not listed; retrieve them via the Exa API.
3Cited by48 opinions
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- Denver & R. G. R. v. RodderCourt of Appeals for the Ninth Circuit · 1900
- State v. BrownSupreme Court of Missouri · 1904
- Pratt v. ConwaySupreme Court of Missouri · 1899
- Donahoe v. Kansas CitySupreme Court of Missouri · 1897
43 more not listed; retrieve them via the Exa API.