Dougherty v. Missouri Railroad
Supreme Court of Missouri
Error to St. Louis Court of Appeals. It was incumbent on plaintiff’ to establish, by affirmative proof, that the defendant was guilty of negligence or want of care and diligence. Schultz v. Railroad Co., 36 Mo. 32; Nolens v. Sickel, 3 Mo. App. 300, 308; Ward v. Andrews, 3 Mo.
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Error to St. Louis Court of Appeals. It was incumbent on plaintiff’ to establish, by affirmative proof, that the defendant was guilty of negligence or want of care and diligence. Schultz v. Railroad Co., 36 Mo. 32; Nolens v. Sickel, 3 Mo. App. 300, 308; Ward v. Andrews, 3 Mo. App. 275 ; Boland v. Railroad Co., 36 Mo. 84; Harlan v. Railroad Co., 65 Mo. 22; Thompson on Carriers of Passengers, 195; Hutchinson on Carriers, 616, 618; Hammock v. White, 11 O. B. (N. S.) 594. The proof in this case is limited to the fact that the car started with a sudden jerk, but by reason of what force, or by…
1Opinion of the Court
Philips, C.
This is an action to recover damages for personal injury. After the requisite preliminary statements, the petition avers:
“ That on or about the 8th day of April, 1877, the said plaintiff, for a certain consideration and reward, agreed to be paid by him to the defendant, was a passenger on one of the said defendant’s cars on said line of railroad, and was exercising reasonable care and diligence, when the said defendant, its agents, servants and employes, diregarding its *327and their duty to tlie plaintiff as such passenger, so carelessly, unskillfully and negligently managed and…
2Cases cited2 opinions
- Flynn v. Kansas CitySupreme Court of Missouri · 1883
- Dougherty v. Missouri Pacific RailroadMissouri Court of Appeals · 1881
3Cited by64 opinions
- McCloskey Ex Rel. McCloskey v. KoplarSupreme Court of Missouri · 1932
- Och v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1895
- Redmon v. Metropolitan Street RailwaySupreme Court of Missouri · 1904
- Hite v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1895
- Pointer v. Mountain Railway Construction Co.Supreme Court of Missouri · 1916
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