Reports of Cases Determined in the Supreme Court of the State of Missouri Volume 110
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...was in itself negligent. The Francis v. The Kansas City, St. J. & C. B. Ry. Co. servant cannot incur a risk, consequent upon a violation of the master's orders, on the master's responsibility. He can only do so at his own risk. Gardner v. Railroad, 58 Mich. 584; Railroad 1). Ryan, 7 S. W. Rep. 83; Pilkington 12. Railroad, 7 S. W. Rep. 805; Railroad v. W7iitcomb,111 Ind. 212; Lockwood v. "Railroad, 55 Wis. 50; Woolsey v. Railroad, 33 Oh. St. 227; Deeds 11. Railroad, 74 Iowa, 54; Durgin v. lllanson, 9 Allen, 396; Shanny v. Androscoggin Mills, 66 Me. 420; Railroad v. Husson, 101 Pa. St. 1; Chambers o. Railroad, 94 N. C. 475. (2) The court should have sustained the demurrer to the evidence, because of the contributory negligence of the deceased. (3) The record fails to disclose that the injury of Francis was due in any degree to the incompetency of the engineer. Roul '0. Railroad, 11 S. E. Rep. 558; Kersey's Case, 79 Mo. 362; 'Corcoran's Case, 16 S. W. Rep. 411; Hudson's Case, 101 Mo. 13; Bell-22. Railroad, 86 Mo. 599; Dowell 11. Railroad, 61 Miss. 691. (4) The court committed error in giving and refusing instructions. James W. Boyd and Benjamin Phillip for respond ent. (1) The evidence shows that plaintiif's husband, Charles Francis, was run over and killed by a locomotive or engine belonging to defendant, in charge of and being operated by the defendant's servant, Preston; that said Preston was incompetent, unskilful, unfit and not capable of handling or running said engine; that on account of said Preston's incompetency and unskilfulness and inability to handle and run said engine said Francis was run over and killed; and that such incompetency and unfitness were known to the...
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- 13 Sep 2013
- Illustrations, black and white