Harris v. Kansas City Southern Railway Co.
Missouri Court of Appeals
Appeal from Newton Circuit Court. — Eon. F. . C. Johnston, Judge. (1) When a servant has a choice, of two ways of performing bis labor, one safe, and tbe other risky, which latter he voluntarily chooses, such choice is contributory negligence precluding recovery for the resulting injury. Montgomery v. Railroad, 109 Mo.
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Appeal from Newton Circuit Court. — Eon. F. . C. Johnston, Judge. (1) When a servant has a choice, of two ways of performing bis labor, one safe, and tbe other risky, which latter he voluntarily chooses, such choice is contributory negligence precluding recovery for the resulting injury. Montgomery v. Railroad, 109 Mo. App. 88; Moore v. Railroad, 146 M'o. 572; Smith v. Box Co., 193 Mo. 715; Pauck v. Beef Co., 159 Mo, 639; Holmes v. Brandenbaugh, 172 Mr. 66; Anderson v. Box Co., 103 Mo. App. 382; Sparks v. Railroad, 31 Mo. App. Ill; Haviland v. Railroad, 172 Mo. 106; Hurst v. Railroad, 163 Mo.…
1Opinion of the CourtNortoni, J.
This is an action for damages accrued to the plaintiff on account of personal injuries received through defendant’s alleged negligence in furnishing him a defective clawbar with which to perform his labors as a section hand. The plaintiff recovered and defendant prosecutes the appeal.
The evidence tended to prove that plaintiff was a farmer of mature years and had recently entered the defendant’s employ as a laborer upon a section of its-railroad. He had been engaged at work on the section about four or five days before his injury. It appears plaintiff had never used a clawbar before the…
Also in this document: Concurrence.
2Cases cited36 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Curtis v. McNairSupreme Court of Missouri · 1903
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Harrison v. Kansas City Electric Light Co.Supreme Court of Missouri · 1906
- Bowen v. Chicago, Burlington & Kansas City Railway Co.Supreme Court of Missouri · 1888
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3Cited by7 opinions
- Bliesner v. G. Riesmeyer Distilling Co.Missouri Court of Appeals · 1913
- Chamlee v. Planters Hotel Co.Missouri Court of Appeals · 1911
- Bible v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1913
- Halloran v. Pullman Co.Missouri Court of Appeals · 1910
- Schneider v. Pevely Dairy Co.Supreme Court of Missouri · 1931
2 more not listed; retrieve them via the Exa API.