Legal Opinion

Powell v. Union Pacific Railroad

Supreme Court of Missouri

Decided March 3, 1914PublishedCited by 50 opinions

Appeal from Jackson Circuit Court. — Ron. Walter A. Powell, Judge. (1) Under the pleadings and evidence deceased Frederick Powell was shown not to he a passenger and the court should have directed a verdict for defendant.

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Appeal from Jackson Circuit Court. — Ron. Walter A. Powell, Judge. (1) Under the pleadings and evidence deceased Frederick Powell was shown not to he a passenger and the court should have directed a verdict for defendant. The clause in the pass which provided that the holder of said pass when using same should not occupy the relation of passenger and carrier was a valid stipulation and was a contract about a private and not a public matter, and no rule of public policy was violated by said clause. Railroad v. Adams, 192 U. S. 440; Santa Fe. P. & P. Co. v. Grant Bros., 33 Sup. Ct. 477; Long v.…

1Opinion of the CourtLamm, J.

Suing in the Jackson Circuit Court on a cause of action originating in Kansas, and bottomed on a Kansas statute, plaintiff, as administratrix of Frederick Powell, deceased, sues for his death from injuries wrongfully received while a passenger on one of defendant’s trains. She had a verdict for' $7500, for the benefit of herself as widow and her minor child,*429Marjory, aged five. Defendant appeals from a judgment entered on such verdict.

Attend to such a summary of the pleadings as will intelligently outline the issues, to-wit:

The petition.

After alleging her residence in Washington county,…

2Cases cited17 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Browning v. Wabash Western Railway Co.Supreme Court of Missouri · 1894
  3. Railway Co. v. StevensSupreme Court of the United States · 1878
  4. Peterson v. Seattle Traction Co.Washington Supreme Court · 1900
  5. Morgan v. MulhallSupreme Court of Missouri · 1908

12 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Brunk v. Hamilton-Brown Shoe Co.Supreme Court of Missouri · 1933
  2. Kleinlein v. FoskinSupreme Court of Missouri · 1929
  3. Marden v. RadfordMissouri Court of Appeals · 1935
  4. Keyes v. Chicago, Burlington & Quincy RailroadSupreme Court of Missouri · 1930
  5. Thayer v. SommerSupreme Court of Missouri · 1962

45 more not listed; retrieve them via the Exa API.

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