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Clark v. Missouri, Kansas & Texas Railway Company

The court case was held in Montgomery, MO. The verdict was decided December 23, 1903. Mr. Clark, the plaintiff, armed himself with a big club about six feet long and said: “I very often take a club if I am after stock.” Jim Housman was in the lead, next came George, then Mr. Clark and they were on the railroad track which was on top of a fifteen foot embankment which was so steep that when you ran down the embankment the momentum of the body carried the person over the level space at the foot of the embankment and into the borrow pit.
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 he was called to come help retrieve some cattle that got loose. Along with two other hands (sons of the foreman) they collected all the cattle, except one, and drove them into a pen. He was ordered, along with the others, to find and return the last steer, and then Mr. Clark and the foreman’s sons started walking to look for the steer. He said: “it was dark and not yet daylight…” when he was ordered along with the others to get the other steer.

Mr. Houseman, the defendant, was called by the conductor of the train that there was an accident and some steers were loose in the area and they needed to be recovered. Mr Houseman called on Mr. Clark, or told one of the section hands to call him, and tell him about the accident. When Mr. Clark joined the others at the station they began to gather up the loose steers and put them in a pen. Mr. Housman then ordered the men (his sons and Mr. Clark) to go find the last steer and bring him in.

The plaintiff has his version of the

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