Koons v. St. Louis-San Francisco Ry. Co.

• Decision Date: 08 February 1921
• Docket Number: No. 16291.,16291.
• Citation: 229 S.W. 232
• Parties: KOONS v. ST. LOUIS-SAN FRANCISCO RY. CO.
• Court: Missouri Court of Appeals

229 S.W. 232

KOONS v. ST. LOUIS-SAN FRANCISCO RY. CO.

No. 16291.

St. Louis Court of Appeals. Missouri.

February 8, 1921.

Rehearing Denied March 31, 1921.

Appeal from St. Timis Circuit Court; Benj. J. Klene, Judge.

"Not to he officially published."

Action by Lucy B. Koons against the St. Louis-San Francisco Railway Company. From judgment for plaintiff, defendant appeals. Affirmed.

W. F. Evans, E. T. Miller, and A. P. Stewart, all of St. Louis, for appellant.

Frank Coffman and Charles E. Morrow, both of St. Louis, for respondent.

NIPPER, C.

This is an action for damages alleged to have been sustained by plaintiff, by having her hand run over by one of defendant's freight trains near Tower Grove station, in the city of St. Louis. Plaintiff was 58 years of age, and was employed at the Liggett & Myers tobacco factory, which is located near defendant's station at Tower Grove. There are a number of tracks just north of the tobacco factory, and plaintiff had proceeded northwardly across all these tracks except the main line west-bound track, on which was stationed one of defendant's freight trains. This accident happened during the noon hour, while plaintiff was going from her place of employment north across the tracks to her home. About 29 freight cars had been stationed on this west-bound main line track for some time. An engine with 24 freight cars passed these 29 which were stationed on defendant's north track, and then backed in on this north track and connected with these 29 freight cars which were stationed there, and after waiting about 20 minutes to pump air, the entire freight train was taken westward a few miles to Gratiot station.

Plaintiff testified that she and two other ladies were crossing the tracks at a point which had been used by the employés of the company, there being no regular street crossing near this point. When she reached this last track to the north, on which the freight train was stationed, the other two ladies accompanying her passed safely between two freight cars by stooping and walking under the coupling. As she started through she saw a man directly in front of her on the north side, dressed in the kind of clothing ordinarily worn by brakemen, who called to her (after first asking if there were any more old ladies to come across) to hurry up as he was going to start the train. She then proceeded to follow the other two ladies between the two freight cars, and when she had succeeded in getting almost across, the brakeman turned his face toward the front end of the train, which was hidden from his view on account of a curve in the line of railroad at that point, and waved his hands up and down, and the train started, catching a part of plaintiff's clothing under the wheels of the car, and also crushing one of her hands.

The evidence on the part of the defendant was that the train crew, aside from the engineer and fireman, consisted of the foreman of the switch crew and two brakemen; that one of these brakemen stood near the front end of the train and gave the engineer the signal to start. At that time the foreman was standing near the center of the train, and on top of one of the cars, to pass signals to the front. When the 24 cars backed in to hook onto the 29 which were stationary, one Tottin, who was a member of this crew, coupled the two strings of cars together. He testified that he...