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Clark V. Missouri, Kansas & Texas Railway Company, Appellan

Decent Essays

Case Analysis CLARK v. MISSOURI, KANSAS & TEXAS RAILWAY COMPANY, Appellant. SUPREME COURT OF MISSOURI, DIVISION ONE 179 Mo. 66; 77 S.W. 882; 1903 Mo. LEXIS 394 1. Provide a summary of the undisputed facts. On May 10, 1897, a train wrecked on Missouri, Kansas & Texas Railroad near Marthasville, Missouri. This train transported live animals. A conductor of the train informed a railroad track foreman that there was an accident and some steers were loose in the area and they needed to be recovered. This section of the railroad was serviced by a crew that included a track foreman Otto Housman (the defendant) and three trackmen – Housman’s two sons named Jim and George Housman, and Pleasant W. Clark (the plantiff). Mr. …show more content…

After that, Mr. Housman called on section gangs to come help him clean the mess and bring the cattle into pens. After they penned the cattle Mr. Housman ordered the others, including Mr. Clark, to find the last one and bring him back. He thinks that before the group left he called after them to be careful, but was not sure if they heard. The Foreman testified that the conductor came to him and told him of the accident and told him to be careful because they might hurt him. FELA also applies to the defendant because he is an employee of the railroad and the law also covers him as well. Chapter 2 of Federal Employee Labor Act Sec 51 is cited in part: Liability of common carriers by Railroad, in interstate or foreign countries, for injuries to employees from negligence; employee defined. “Common carriers …shall be liable in damages to any person suffering injury while he is employed by such carrier in such commerce…resulting in whole or in part from the negligence of any of the officers or agents or employees of such carrier, or by reason of any defect or insufficiency, due to its negligence, in its cars, engines, appliances, machinery, track, roadbed, works, boats, wharfs or other equipment.” It is assumed that all work environments are safe to work in, however, there are certain risks connected to specific jobs such as the one that Mr. Clark had as a section hand with the railroad, especially when

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