Legal Opinion

Sawyer v. Hannibal & St. Joseph Railroad

Supreme Court of Missouri

Decided February 15, 1866PublishedCited by 45 opinions

Appeal from Buchanan Circuit Court. On the 19tli day of August, 1862, respondents commenced suit in the Circuit Court of Buchanan county, to recover the sum of 115,000 for injuries which Amanda, wife of Orlando Sawyer, received on the night of the 8d of September, 1861. Respondents state that said Amanda was a passenger on appellant’s railroad by virtue of a contract, and that the train of cars on which she was a passenger was precipitated into Platte river at a point where…

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Appeal from Buchanan Circuit Court. On the 19tli day of August, 1862, respondents commenced suit in the Circuit Court of Buchanan county, to recover the sum of 115,000 for injuries which Amanda, wife of Orlando Sawyer, received on the night of the 8d of September, 1861. Respondents state that said Amanda was a passenger on appellant’s railroad by virtue of a contract, and that the train of cars on which she was a passenger was precipitated into Platte river at a point where the appellant’s road crosses said stream in Buchanan county; that the disaster was caused by the negligence,…

1Opinion of the CourtHqumbs, Judge

fThe" cause of action is based wholly on the ground of neg*257ligence. A new trial is asked mainly for the reasons that the court below erred in the giving and refusing of instructions, and thai the damages were excessive. It is also urged that there was misconduct in the jury respecting the manner in which the verdict was made up. The allegation of negligence in the petition was, that the train of cars was precipitated into the Platte river, and the plaintiff injured, by the negligence and unskilfulness of the officer or agent employed by defendant to manage, conduct, or run the same, on the…

2Cases cited4 opinions

  1. Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
  2. Clark v. HammerleSupreme Court of Missouri · 1858
  3. Collins v. Albany & Schenectady RailroadNew York Supreme Court · 1852
  4. Pratte v. CoffmanSupreme Court of Missouri · 1862

3Cited by45 opinions

  1. Perry v. BaileySupreme Court of Kansas · 1874
  2. Carroll v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1909
  3. Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
  4. Hogan v. Kansas City Public Service Co.Supreme Court of Missouri · 1929
  5. State v. BranstetterSupreme Court of Missouri · 1877

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