Smith v. St. Louis & San Francisco Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeal. The following were the instructions given by the trial •court for the plaintiff : “ 1. If the testimony shows that the cars composing the train which caused the death of plaintiff5 s husband belong to the defendant, and also shows that such train was, at the time of the accident, under the care and control of the defendant’s agents and employes, then the •defendant’s liability to this action has been established.
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Appeal from St. Louis Court of Appeal. The following were the instructions given by the trial •court for the plaintiff : “ 1. If the testimony shows that the cars composing the train which caused the death of plaintiff5 s husband belong to the defendant, and also shows that such train was, at the time of the accident, under the care and control of the defendant’s agents and employes, then the •defendant’s liability to this action has been established. And the jurors are instructed that if the evidence shows that the conductor and brakeman in charge of the train at the time of the accident…
1Opinion of the CourtHenry, C. J.
The defendant owns and operates a railroad whose eastern terminus is the town of Pacific, about thirty miles west of St. Louis, and its trains are hauled back and forth between Pacific and St. Louis by the Missouri Pacific Railway Company over its road, under a contract between the companies, in substance as follows: First. The Missouri Pacific Railway Company, party of the first part, agrees to furnish for defendant for five years, commencing January 1,1879, “depot facilities for the handling of defendant’s freight, and office room for its agents and clerks.” “Second. The said party of the…
2Cases cited2 opinions
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Durst v. . BurtonNew York Court of Appeals · 1872
3Cited by10 opinions
- Wichita Falls & N. W. Ry. Co. v. PuckettSupreme Court of Oklahoma · 1915
- Gustafson v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1904
- Atwood v. Chicago, R. I. & P. Ry. Co.U.S. Circuit Court for the District of Western Missouri · 1896
- Chicago, R. I. & P. Ry. Co. v. SteppCourt of Appeals for the Eighth Circuit · 1908
- Southern Railway Co. v. MannSupreme Court of Florida · 1926
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