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Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 274)

Reports of Cases Determined by the Supreme Court of the State of Missouri (Volume 274)


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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1918. Excerpt: ... Crecelius v. Milwaukee Ry. Co. some ten feet away from him. While thus standing, and after he had stood in the middle of this track for some twenty-five seconds, he was run down and killed by the work-train then on its way to Marion, Iowa, the division point, apparently to "tie up" for the night. After the killing of deceased his daily telegraphic report was found on his desk; though on this point there is evidence that he sometimes prepared this report at the telegraph office. There is not in the record any countervailing proof whatever as to the object of deceased in crossing these tracks at the time he was killed, ex1 cept that having relation to his having made out his report, the arrival of the customary time of sending same, and his own statement as to his intentions when he left his desk. We think upon this evidence, the question whether deceased was bound for the telegraph office to send a message in furtherance of his usual duties when he was' killed, became a question of fact to be resolved by the triers of fact, and not a question of law to be determined as such by this court. Knorpp v. Wagner, 195 Mo. 1. c. 662; State ex rel. v. Elliott, 157 Mo. L c. 618; Finnegan v. Railroad, 224 Mo. 1. c. 653; Linderman v. Carmin, 255 Mlo. 62. The ultimate facts of this case then, as the trial jury was warranted in finding them from the substantial evidence adduced, ran thus: Deceased, on the day he was killed was working as a timekeeper for a gang of men engaged in repairing the main track of an interstate railroad (and in constructing a temporary track to be used while the grade of the main-line track was being lowered); after work hours for the gang of laborers, but at a time when the duties of deceased required him to make out and send to the roadmaster ...


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Product Details
  • ISBN-13: 9781153981620
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 280
  • Spine Width: 15 mm
  • Width: 189 mm
  • ISBN-10: 1153981629
  • Publisher Date: 01 Jan 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 503 gr


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