67 Mo. 239 (Mo. 1878), Hulett v. St. Louis, K. C. & N. Ry. Co.

Citation:67 Mo. 239
Opinion Judge:NAPTON, J.
Party Name:HULETT v. ST. LOUIS, KANSAS CITY & NORTHERN RAILWAY COMPANY, Appellant.
Attorney:Wells H. Blodgett for appellant, O. Guitar for respondent,
Court:Supreme Court of Missouri
 
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Page 239

67 Mo. 239 (Mo. 1878)

HULETT

v.

ST. LOUIS, KANSAS CITY & NORTHERN RAILWAY COMPANY, Appellant.

Supreme Court of Missouri.

April Term, 1878

Appeal from Boone Circuit Court. --HON. G. H. BURCKHARTT, Judge.

Wells H. Blodgett for appellant, argued that upon the undisputed facts there was no liability to the plaintiff for the injuries he had sustained, citing Cummings v. Collins, 61 Mo. 520; Keegan v. Kavanaugh, 62 Mo. 230; Wharton on Negligence, (2 Ed.) § 212; Gibson v. Erie Rwy. Co., 63 N.Y. 449; Devitt v. Pacific R. R. Co., 50 Mo. 305 Shearm. & Redf. on Negligence, § 94, p. 125; Ib. § 94, p. 123; Ib. §98; Ib. § 99; Priestly v. Fowler, 3 M. & W. 1; Williams v. Clough, 3 H. & N. 258; Laning v. N.Y. Cent. R. R., 49 N.Y. 521; McGlinn v. Brodie, 31 Cal. 376; Muldowney v. Ill. Cent. R. R. 39 Iowa 615; Ladd v. New Bedford R. R., 119 Mass. 412; Gildersleeve v. Fort W., 1. & S. R. R., 33 Mich. 133.

O. Guitar for respondent, cited Gibson v. Pacific R. R., 46 Mo. 163; Lewis v. St. L. & 1. M. R. R., 59 Mo. 495. Buffington v. A. & P. R. R., 64 Mo. 246.

NAPTON, J.

The facts in this case are undisputed. There was no conflicting evidence. They are all stated in the testimony of the plaintiff himself, who testified with candor, and no doubt correctly stated the circumstances under which he was seriously injured.

The plaintiff was an experienced brakesman and had been more than two years and a half in that capacity on defendant's road. He undertook to couple a baggage car with a flat car loaded with rock. He knew that the flat car was lower than the other and was fully aware of the need of caution in coupling cars of unequal height. The inequality in the height of the cars was apparent. His usual mode of coupling cars of unequal height was to use a crooked link on the higher car, but in this case he propped up the drawhead on the flat car as high as it would go and turned down the link on the baggage car, which was a straight one, and being mistaken in his calculation of the distance between the elevation of the two cars and standing on the ground to make the connection, the drawheads did not meet, except so near the end of the link that the drawhead of the baggage car slipped over and he would have been crushed to death but for the projection of some rocks on the flat car, between which he escaped with his life, but was severely injured. The work was entirely...

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