Rains v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from Bollinger Circuit Court. — Hon. J. B. Robinson, Judge. The eleventh instruction given for plaintiff authorized the jury to treat tbe acts and negligence of one William Madge toward deceased as tbe acts and negligence of defendant, and to bold the defendant liable accordingly, provided tbey should find that said Madge, at the time of tbe accident, which occasioned this suit, “ was acting for and in the employ of defendant in. the yard at Belmont, and that his…
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Appeal from Bollinger Circuit Court. — Hon. J. B. Robinson, Judge. The eleventh instruction given for plaintiff authorized the jury to treat tbe acts and negligence of one William Madge toward deceased as tbe acts and negligence of defendant, and to bold the defendant liable accordingly, provided tbey should find that said Madge, at the time of tbe accident, which occasioned this suit, “ was acting for and in the employ of defendant in. the yard at Belmont, and that his duties were to direct and control, assistant brakemen in said yard in the employ of the defendant, and that the deceased…
1Opinion of the CourtHough, J.
This was a suit under the third section of the Damage Act, to recover damages for the death of the plaintiff’s minor son, who was killed at the town of Belmont, on a side track of the defendant’s road, by coming in contact with a foot bridge extending across said side track from the upper story of an elevator on the east side thereof to the upper story of a freight house on the west side thereof.
This bridge was not high enough to. permit persons of ordinary height to pass safely under it, while standing erect on the top of the box cars of a freight train. Eor about one month before the…
2Cases cited7 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Devitt v. Pacific RailroadSupreme Court of Missouri · 1872
- McGowan v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Hildreth v. KeyMissouri Court of Appeals · 1960
- Louisville & Nashville Railroad v. HallSupreme Court of Alabama · 1888
- Hedrick v. Ilwaco Railway & Navigation Co.Washington Supreme Court · 1892
- Louisville, New Albany & Chicago Railway Co. v. GoodykoontzIndiana Supreme Court · 1889
- Wilt v. MoodySupreme Court of Missouri · 1953
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