Evans v. Interstate Rapid Transit Railway Co.
Supreme Court of Missouri
Appeal from Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Upon the consolidation of the defendant company with the “Kansas City & Wyandotte Railway & Tunnel Company,” “The Riverview Railway Company” and “The Brighton & Chelsea Park Railway Company,” the defendant railway company, ceased to exist as a corporation, its power to sue and capacity tO' be sued by that name was extinguished, and a new corporation was created.
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Appeal from Clay Circuit Court. — Hon. J. M. Sandusky, Judge. (1) Upon the consolidation of the defendant company with the “Kansas City & Wyandotte Railway & Tunnel Company,” “The Riverview Railway Company” and “The Brighton & Chelsea Park Railway Company,” the defendant railway company, ceased to exist as a corporation, its power to sue and capacity tO' be sued by that name was extinguished, and a new corporation was created. And upon the suggestion and proof of consolidation of the defendant railway company with the above-named railway companies, this action, which had been commenced…
1Opinion of the CourtBlack, J.
The plaintiff, as the widow of John Evans, brought this suit to recover damages for the death of her husband, who was killed while attempting to get on one of defendant’s trains at State Line station. To the east and west of tlíis station the defendant’s road is an elevated steam railroad. The cars are reached by a stairway leading up from the sidewalk to a small station house constructed on a platform which is on a level with the railroad track, the track being twenty-five feet •above the surface of the street. The platform extends out four and one-half feet from the house, and has a railing…
2Cases cited4 opinions
- State ex rel. Wine v. Keokuk & Western RailroadSupreme Court of Missouri · 1889
- East Tennessee & Georgia Railroad v. EvansTennessee Supreme Court · 1871
- Lindell v. BentonSupreme Court of Missouri · 1840
- Shackleford v. Mississippi Central RailroadMississippi Supreme Court · 1876
3Cited by6 opinions
- Barth v. Kansas City Elevated Railway Co.Supreme Court of Missouri · 1898
- Springfield Lighting Co. v. HobartMissouri Court of Appeals · 1902
- Wells v. Missouri-Edison Electric Co.Missouri Court of Appeals · 1904
- State ex rel. Hobart v. SmithSupreme Court of Missouri · 1903
- Winn v. Wabash R.U.S. Circuit Court for the District of Western Missouri · 1902
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