Iba v. Chicago, Burlington & Quincy Railroad
Missouri Court of Appeals
Appeal from Buchanan Circuit Court. — Hon. Wm. D. Busk, Judge. (1) The Supreme Court has superintending control over the Kansas City Court of Appeals where it has acted heyond or in excess of its power and jurisdiction.
Read the full summary
Appeal from Buchanan Circuit Court. — Hon. Wm. D. Busk, Judge. (1) The Supreme Court has superintending control over the Kansas City Court of Appeals where it has acted heyond or in excess of its power and jurisdiction. State ex rel. v. Broaddus, 245 Mo. 123. (2) An appellate court in this State is limited to the errors assigned in motion for new trial filed within the time allowed by law and an attempt of an appellate court to investigate a question suggested otherwise is beyond its power and jurisdiction. Revised Statutes ' 1909, sec. 2081; King v. Gilson, 206 Mo. 264, 280; Rodan v. Transit…
1Opinion of the CourtJohnson, J.
— Plaintiff, the widow of Frederick Iba, deceased, brought suit in the circuit court of Buch*720anan county, December 14, 1909, against the defendant railroad company and Thomas Phelan to recover damages for the death of her husband which she alleges was caused by the joint negligence of the defendants. Iba was killed" October 13,1909, at the station of Easton, while in the act of boarding a passenger train as a passenger. Plaintiff alleges “that her said husband, Frederick B. Iba, had boarded the said train and was standing upon the steps of the passenger coach of said train, holding with his…
2Cases cited4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. SchwyhartSupreme Court of the United States · 1913
- State ex rel. Iba v. MosmanSupreme Court of Missouri · 1910
- Schwyhart v. BarrettMissouri Court of Appeals · 1910
- Iba v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1913
3Cited by2 opinions
- Kinney v. National Newspaper Ass'nMissouri Court of Appeals · 1916
- Iba v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1916