Nagel v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. The petition did not state facts sufficient to constitute a cause of action. It was nowhere alleged that defendant owned or,in any manner controlled the turn-table, or that it had any right or authority to control it. A mere allegation that defendant used and operated said turn-table is not sufficient.
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Appeal from Cole Circuit Court. — Hon. E. L. Edwards, Judge. The petition did not state facts sufficient to constitute a cause of action. It was nowhere alleged that defendant owned or,in any manner controlled the turn-table, or that it had any right or authority to control it. A mere allegation that defendant used and operated said turn-table is not sufficient. If defendant did not own or control the turn-table, it could not be held liable for the neglect or failure of the owner, or person controlling the same, to keep it fastened or- so secured as to prevent children from being injured by…
1Opinion of the CourtNorton, J.
This is an action for the recovery of damages for the death of plaintiffs’ infant son Albert, which is alleged to have been caused by the negligent acts of defendant. . It is alleged in the petition that on the 27th day of May, 1878, defendant owned and operated a railroad through the City of Jefferson, and in connection therewith used and operated a turn-table so constructed and arranged as to be easily turned round and caused to revolve; that *659•said turn-table was situated in an open and public place in said City of Jefferson; that children were in the habit of resorting to-said turn-table…
2Cases cited9 opinions
- Lake v. Atlantic WorksMassachusetts Supreme Judicial Court · 1872
- City of Chicago v. MajorIllinois Supreme Court · 1857
- Ihl v. Forty-Second Street & Grand Street Ferry RailroadNew York Court of Appeals · 1872
- Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
- Owen v. BrockschmidtSupreme Court of Missouri · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by79 opinions
- Powers v. HarlowMichigan Supreme Court · 1884
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Stotler ex rel. Stotler v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1906
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Hildreth v. KeyMissouri Court of Appeals · 1960
74 more not listed; retrieve them via the Exa API.