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. Clark was a section hand who worked for the railroad for the past four years. Part of his duties as a section hand were to clean up and take care of live animals transported by the railroad and to clean up around the tracks whenever there was a mess.
On the night of the accident Mr. Clark was called to come help retrieve some cattle that got loose. Along with two other men (sons of the foreman) they brought all the cattle, except one Texas steer, and drove them into a pen. However, they were ordered to find and return the last steer, and then Mr. Clark and the foreman’s sons went to look for the steer.
They found the steer about two hundred yards from the track. Mr. Clark noticed that an animal acted wild. Jim Housman saw that the animal was going toward to them and told that to others loudly. After that, he jumped off the track. George jumped after him the same way so Mr. Clark was staying there by himself. Mr. Clark saw the steer about twenty-five of thirty feet from him. The steer was going toward to him. Mr. Clark hit the animal with the club, which he was carrying with him, and the animal turned away. Then Mr. Clark jumped