Karle v. Kansas City, St. Joseph & Council Bluffs R. R.
Supreme Court of Missouri
•Appeal from Buohanan Circuit Court. Unless the acts of the person killed were the direct and proximate cause of the disaster, the company will not be excused from liability. (Kennayde vs. Pacific Railroad, 45 Mo., 253-; Colegrove vs. N. Y. & H. R. R. R,, 6 Duer., 382; Shearm. & Redf. Neg., 25, 28, 29, 47, and cases cited; Morrissey vs.. "Wiggins Ferry Co., 43 Mo., 380 ; Davies vs. Mann, 10 Mees. & "W., 545; State vs. Manchester & L. R. R., 52 N. H., 528; Thompson vs. N. Mo.
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•Appeal from Buohanan Circuit Court. Unless the acts of the person killed were the direct and proximate cause of the disaster, the company will not be excused from liability. (Kennayde vs. Pacific Railroad, 45 Mo., 253-; Colegrove vs. N. Y. & H. R. R. R,, 6 Duer., 382; Shearm. & Redf. Neg., 25, 28, 29, 47, and cases cited; Morrissey vs.. "Wiggins Ferry Co., 43 Mo., 380 ; Davies vs. Mann, 10 Mees. & "W., 545; State vs. Manchester & L. R. R., 52 N. H., 528; Thompson vs. N. Mo. R. R. Co., 51 Mo., 190; Meyer vs. People’s R. R. Co., 43, Mo., 523.)
1Opinion of the CourtNapton, Judge
This suit was to recover the penalty of $5,000 against defendant for killing the plaintiff’s husband at a street crossing in St. Joseph, by the careless and negligent conduct of an engineer in charge of a locomotive of defendant.
There was a verdict for plaintiff under instructions from the court; and a bill of exceptions was taken, which did not give any details of the evidence on either side, but merely stated that evidence was given to sustain the issues made by the pleadings on either side. The instructions given and refused are preserved in the bill of exceptions, and the propriety of…
2Cases cited4 opinions
- Kennayde v. Pacific RailroadSupreme Court of Missouri · 1870
- Brown v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1872
- Morrissey v. Wiggins Ferry Co.Supreme Court of Missouri · 1869
- Walsh v. Mississippi Valley Transportation Co.Supreme Court of Missouri · 1873
3Cited by70 opinions
- Hudson v. Wabash Western Railway Co.Supreme Court of Missouri · 1890
- Sluder v. St. Louis Transit Co.Supreme Court of Missouri · 1905
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Smith v. Milwaukee Builders' & Traders' ExchangeWisconsin Supreme Court · 1895
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