Legal Opinion

Wells v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided May 23, 1892PublishedCited by 22 opinions

Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Plaintiff sued for damages for personal injuries, and recovered judgment for $10,000, from which defendant appealed, after the usual preliminaries. . The governor’s special message of May 11, 1887, mentioned in the opinion of the court, was as follows: “City of Jeffebson, May 11, 1887. “Gentlemen of the General Assembly: “A little less than twelve years ago, the people of . this state, by a popular vote,…

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Appeal from St. Louis City Circuit Court. — Hon. Daniel Dillon, Judge. Plaintiff sued for damages for personal injuries, and recovered judgment for $10,000, from which defendant appealed, after the usual preliminaries. . The governor’s special message of May 11, 1887, mentioned in the opinion of the court, was as follows: “City of Jeffebson, May 11, 1887. “Gentlemen of the General Assembly: “A little less than twelve years ago, the people of . this state, by a popular vote, adopted a written constitution in which are stated in strong and clear language those principles which should guide and…

1Opinion of the CourtBarclay, J.

Plaintiff’s action is predicated on a charge of negligence, in that defendant omitted to keep its track in a reasonably safe condition. The specific allegation is that defendant failed to “block” a certain “frog,” forming part of the track, in consequence of which plaintiff’s foot was caught therein and became fastened', and his injury ensued, while he was uncoupling cars in the discharge of duty as switch-man for defendant, August 2, 1888, at St. Louis.

*292At the trial, plaintiff relied upon the terms of uan act to provide for the prevention of accidents to railroad employes and others, by…

2Cases cited3 opinions

  1. Hamilton v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1891
  2. Hudson v. KingTennessee Supreme Court · 1871
  3. City of St. Louis v. WithausSupreme Court of Missouri · 1886

3Cited by22 opinions

  1. State v. TippettSupreme Court of Missouri · 1927
  2. State v. FairWashington Supreme Court · 1904
  3. Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
  4. State Ex Rel. Fatzer v. AndersonSupreme Court of Kansas · 1956
  5. Jones v. StateSupreme Court of Georgia · 1921

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