Hutchinson v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The evidence clearly showed that plaintiff’s mother was in the situation of a passenger, entitled to the same degree of care from the defendant as if she was actually upon the train.
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Appeal from St. Charles Circuit Court. — Hon. E. M. Hughes, Judge. (1) The evidence clearly showed that plaintiff’s mother was in the situation of a passenger, entitled to the same degree of care from the defendant as if she was actually upon the train. She had bought her ticket and was on her way to the platform about the time that the train she was to take was due, when another train of defendant, running at an excessive and prohibited rate of speed, ran against and killed her. Railroad v. Anderson, 72 Md. 527. (2) The negligence of the defendant in running its train past a passenger…
1Opinion of the Court
In Division One.
VALLIANT, J.
This is a suit for damages for the killing of. plaintiffs’ mother, which they allege was caused by the negligence of defendant. The plaintiffs are minors, suing by their next friend; their mother was a widow.
The allegations of the petition are, that the plaintiffs’ mother, on January 3, 1892, was struck and instantly killed by an engine drawing a passenger train within the limits of the city of St. Louis, while she was in the act of crossnig the track at a passenger station, with a view of reaching a platform provided by defendant for that purpose, from which she…
2Cases cited16 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Bluedorn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Gratiot v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Riska v. Union Depot RailroadSupreme Court of Missouri · 1904
- Weller v. Chicago, Milwaukee & St. Paul RailroadSupreme Court of Missouri · 1901
- Green v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1905
29 more not listed; retrieve them via the Exa API.