Higgins ex rel. Higgins v. Hannibal & St. Joseph Railroad
Supreme Court of Missouri
Appeal from Hannibal Court of Common Pleas. On the trial the appellant proved by J. T. K. Hayward, the general superintendent for the company, and his son, who was his clerk, that there had been notices put up inside the passenger coaches and on the baggage car of said train in 1859, and that they were up at the time of the accident; that said notices, through accidents, had been all destroyed or lost; that he and his clerk had made diligent search for copies of said notices…
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Appeal from Hannibal Court of Common Pleas. On the trial the appellant proved by J. T. K. Hayward, the general superintendent for the company, and his son, who was his clerk, that there had been notices put up inside the passenger coaches and on the baggage car of said train in 1859, and that they were up at the time of the accident; that said notices, through accidents, had been all destroyed or lost; that he and his clerk had made diligent search for copies of said notices in all places where they had been, or were likely to be found, but that they had not succeeded in finding any copy of…
1Opinion of the CourtHolmes, Judge
The plaintiff, an infant and only child of Thomas Gr. Higgins, who was killed while riding in a baggage car on the Hannibal and St. Joseph railroad, on the 16th day of September, 1861, brings this suit — the widow having failed to sue within six months — to recover the five thousand dollars damages which are given by the second section of the “ Act concerning damages” (R. C.1855, p. 647), where any passenger shall die from an injury resulting from or occasioned by any defect or insufficiency in any railroad. The petition is evidently framed upon that act, though the statute is not named or…
2Cases cited3 opinions
- Carroll v. New York & New Haven RailroadThe Superior Court of New York City · 1853
- Lawrenceburgh & Upper Mississippi Railroad v. MontgomeryIndiana Supreme Court · 1856
- McCarty v. RountreeSupreme Court of Missouri · 1854
3Cited by29 opinions
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Mobile & Ohio R. R. v. ThomasSupreme Court of Alabama · 1868
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Sherman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Spillane v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
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