Cases Determined By the St. Louis, Kansas City And Springfield ..., volume 196
Cases Determined By the St. Louis, Kansas City And Springfield ..., volume 196
Missouri. Courts of Appeals
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The first error assigned is that the court should have declared the deceased's conduct in this respect contributory negligence as a matter of law and directed a verdict for the defendant instead of submitting the question of contributory negligence to the jury. The other error relates to the giving of an instruction on contributory negligence. These alleged errors are closely connected and may be considered together. The evidence favorable to plaintiff shows that thi^ spur track or coal track w...as not used, except perhaps on rare occasions, to set in gravel cars, but was used Digitized by Google MARCH TERM, 1917. 453 McQuitty V. K. C. Southern Ry. Co. only for cars of merchandise, principally coal, used by the gravel company and on which the gravel company paid freight. Snch cars were billed in and out by the defendant's agent at Noel. The gravel cars were hand- led on the long gravel track by defendant's work train and, as the gravel was used by defendant for ballast, no freight was paid thereon and the local agent had nothing to do with tl eir shipment.
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