Donahoe v. Wabash, St. Louis & Pacific Ry. Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — Hon. G. D. Burgess, Judge. Appellant’s demurrer to the evidence should have been sustained because (1) there was no proof of negligence as charged in the respondent’s petition. Yarnall v. R. R., 75 Mo. 575; Moore v. R. R., 4 Am. & Eng. Ry. cases, 569; Morrissey v. R. R. Co., 126 Mass. 377. (2) Because of the palpable contributory negligence on the part of the respondents. Beliefontaine Ry.
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Appeal from Chariton Circuit Court. — Hon. G. D. Burgess, Judge. Appellant’s demurrer to the evidence should have been sustained because (1) there was no proof of negligence as charged in the respondent’s petition. Yarnall v. R. R., 75 Mo. 575; Moore v. R. R., 4 Am. & Eng. Ry. cases, 569; Morrissey v. R. R. Co., 126 Mass. 377. (2) Because of the palpable contributory negligence on the part of the respondents. Beliefontaine Ry. Co. v. Snyder, 24 Ohio St. 670; Moore v. Metropolitan Ry. Co., 2 Mackey (Dist. Col.) 437; Smith v. Ry. Co., 2 Am. & Eng. Ry. Cas. 12; Ry. Co. v. Brown, 49 Ind. 154;…
1Opinion of the CourtHenry, J.
Plaintiffs sued defendant in the circuit court of Chariton county for negligently killing their child, near Centralia, in Boone county. The petition alleges that, on the 27th day of March, 1881, said child went upon the railroad, near the front of a section house in which the parents resided, and, without any fault, or negligence of plaintiffs was run over by a train of defendant’s cars, in consequence of the negligence and unskilfulness of the servants of defendant in charge of said train. The negligence specially alleged was running the train at an unusual rate of speed, a failure to ring…
2Cases cited8 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Isbell v. New York & New Haven RailroadSupreme Court of Connecticut · 1858
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Harlan v. St. Louis, Kansas City & Northern RailroadSupreme Court of Missouri · 1877
3 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
- Holwerson v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1900
- Florida Southern Railway Co. v. HirstSupreme Court of Florida · 1892
- Seaboard & Roanoke Railroad v. Joyner's Adm'rSupreme Court of Virginia · 1895
- Chicago, Indianapolis & Louisville Railway Co. v. PritchardIndiana Supreme Court · 1906
11 more not listed; retrieve them via the Exa API.