Francis v. Kansas City, St. Joseph & Council Bluffs Railroad
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) A man of ordinary prudence and care would not have undertaken to get on the engine as Francis did, under the circumstances of this ease, and Francis was guilty of negligence contributing directly to his injury in making the attempt. English v. Railroad. 24 Fed.
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Appeal from Buchanan Circuit Court. — Hon. A. M. Woodson, Judge. (1) A man of ordinary prudence and care would not have undertaken to get on the engine as Francis did, under the circumstances of this ease, and Francis was guilty of negligence contributing directly to his injury in making the attempt. English v. Railroad. 24 Fed. Rep. 909; Eulett v. Railroad, 67 Mo. 239, (2) Especially is this true where an old experienced servant, free to choose his own methods, by his choice creates a peril not incident to his duty, when pru- . dently performed, and is injured thereby. Gibbon, v. Railroad,…
1Opinion of the Court
DIVISION TWO.
Gantt, P. J.
This is the second appeal in this cause. The judgment was reversed and cause remanded at the April term, 1892. Francis v. Railroad, *664110 Mo. 387. The facts tending to show how the accident happened are all substantially stated in the report of the case at that time.
Plaintiff’s husband, Charles Francis, was a brakeman in the employment of defendant in its yard at St. Joseph. While engaged in his duty as such, on the night of March 27,1888, he was killed by the switch engine with which he was working. The alleged negligence consists in the employment of an…
2Cases cited13 opinions
- Northern Pacific Railroad v. MaresSupreme Court of the United States · 1887
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
- Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- St. Louis Cordage Co. v. MillerCourt of Appeals for the Eighth Circuit · 1903
- Griffith v. GardnerSupreme Court of Missouri · 1949
- Burch v. Southern Pacific Co.Nevada Supreme Court · 1909
- Stafford v. AdamsMissouri Court of Appeals · 1905
- Butz v. Murch Bros. Construction Co.Supreme Court of Missouri · 1906
17 more not listed; retrieve them via the Exa API.