Devitt v. Pacific Railroad
Supreme Court of Missouri
Jlppeal from Kansas City Court of Common Pleas, If Devitt knew of tbe exposure to danger in having to pass under the .bridge, and with such knowledge consented to and did continue in this service, he could not recover, (Hayden v. Smith-ville Manuf. Co., 29 Conn. 548 ; Owens v. N. Y. Central R.R., 1 Lansing, N. Y., 108; Wright v. N. Y. Central R.R.
Read the full summary
Jlppeal from Kansas City Court of Common Pleas, If Devitt knew of tbe exposure to danger in having to pass under the .bridge, and with such knowledge consented to and did continue in this service, he could not recover, (Hayden v. Smith-ville Manuf. Co., 29 Conn. 548 ; Owens v. N. Y. Central R.R., 1 Lansing, N. Y., 108; Wright v. N. Y. Central R.R. Co., 25 N. Y. 566; Dynen v. Leach, 26 Law Jour., N. S. Exch., 221; Alsop v. Yates, 27 Law Jour., N. S. Exch., 156; Buzzell v. Laconia Manuf. Co. ,'48 Me. 114; McGrlynn v. Brodie, 31 Cah 376; Davis v. Detroit & Milwaukee R.R., 20 Mich. 105; Thayer v.…
1Opinion of the CourtBliss, Judge
The plaintiff recovered damages below, under the third section of the damage act, for the' death of her minor son while in defendant’s employ. The facts are undisputed. The plaintiff’s son was a brakeman on a freight train, and was killed while at his brake upon the top of a freight car, in passing through Post Oak bridge, the cross timbers on the top of the bridge being so low as to strike his head. The accident occurred in the day time, and it was shown that deceased had been in defendant’s employ about three weeks ; that he had passed this bridge every day during that time; that he had…
2Cases cited4 opinions
- Hayden v. Smithville Manufacturing Co.Supreme Court of Connecticut · 1861
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- State v. KnightSupreme Judicial Court of Maine · 1857
- Thayer v. St. Louis, Alton & Terre Haute R. R.Indiana Supreme Court · 1864
3Cited by50 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Roddy v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Conroy v. Vulcan Iron WorksSupreme Court of Missouri · 1876
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
45 more not listed; retrieve them via the Exa API.