Berry v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Osage Circuit Court.—Hon. Rudolph Hiezel, Judge. The following axe the instructions given and refused in the case of Berry v. Bailroad, as called for in the opinion of Judge Sherwood, infra.
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Appeal from Osage Circuit Court.—Hon. Rudolph Hiezel, Judge. The following axe the instructions given and refused in the case of Berry v. Bailroad, as called for in the opinion of Judge Sherwood, infra. Given at plaintiff’s request: “1. The court instructs the jury that if George Yaughan, as defendant’s conductor, was master of the train on which'the accident resulting in the alleged death of Green C. Berry occurred and said deceased was on said train at the time of the accident, with the knowlege and consent of said conductor, for the purpose of transportation from Russellville to Jefferson…
1Opinion of the Court
Alexander Martin, Special Judge.
These separate actions were commenced in April, 1882, under section 2121 of the Revised Statutes of 1879, which constitutes section 4425 of the Revised Statutes of 1889, in behalf of widows to recover damages for the death of their husbands, charged to have been caused by the negligence of appellant, a railway company, in operating and managing its train of cars, while they were being carried upon it.
On Sunday, December 18, 1881, the appellant was operating, by its officers and employee’s, a train and cars *239on the Jefferson City, Lebanon & Southwestern Eailway,…
2Cases cited84 opinions
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
- Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- The Steamboat New World v. KingSupreme Court of the United States · 1854
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3Cited by19 opinions
- Traver v. Spokane Street Railway Co.Washington Supreme Court · 1901
- Mann v. Des Moines Railway Co.Supreme Court of Iowa · 1942
- Lane v. Choctaw, Oklahoma & Gulf RailroadSupreme Court of Oklahoma · 1907
- Mabrey v. Cape Girardeau & Jackson Gravel Road Co.Missouri Court of Appeals · 1902
- Davis v. RobertsMissouri Court of Appeals · 1920
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