Fearons v. Kansas City Elevated Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court — Hon. James Gibson, Judge. (1) The action of the trial court in declaring the law to be that under the pleadings and evidence the plaintiff could not recover was right. And it was error to set the same aside. The petition wholly fails to aver that the servants of the appellant were guilty of wantonness in not stopping the train after discovering the perilous condition of the deceased. R. S. 1899, sec. 592; 14 Enel.
Read the full summary
Appeal from Jackson Circuit Court — Hon. James Gibson, Judge. (1) The action of the trial court in declaring the law to be that under the pleadings and evidence the plaintiff could not recover was right. And it was error to set the same aside. The petition wholly fails to aver that the servants of the appellant were guilty of wantonness in not stopping the train after discovering the perilous condition of the deceased. R. S. 1899, sec. 592; 14 Enel. Pleading and Practice, pp. 338, 345; Holwerson v. Railroad, 157 Mo. 224; Raining v. Railroad, 157 M'o. 507. The petition is one of simple…
1Opinion of the CourtFox, J.
The petition upon which this case was tried is.as follows:
“Plaintiff, for her amended petition, states that she was at the time of his death, as hereinafter mentioned, and had been for many years prior thereto, the wife of George R. Fearons. That the defendant is and for many years past has been a corporation, created, organized and doing business under the laws of the State of Kansas, and as such did, on the 5th day of April, 1899, own, and was then and for some time prior thereto had been operating, a street railroad from Delaware street in Kansas City, Jackson county, Missouri, west along…
2Cases cited14 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Gulf, Colorado & Santa Fe Railway Co. v. SmithTexas Supreme Court · 1894
- Ashworth v. Southern Railway Co.Supreme Court of Georgia · 1902
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Rine v. Chicago & Alton RailroadSupreme Court of Missouri · 1885
9 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Eppstein v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
- Murphy v. Wabash RailroadSupreme Court of Missouri · 1910
- Ahnefeld v. Wabash RailroadSupreme Court of Missouri · 1908
10 more not listed; retrieve them via the Exa API.