Rawlings v. Wabash Railroad
Missouri Court of Appeals
Appeal from Boone Circuit Court. — Ho». John A. Hochaday, Judge. (1) . Neither the effect upon the plaintiff’s health, nor her mental anxiety, if any, are proper elements of damage under the pleadings and the evidence in this case, or in actions of this character, (a) Because they are too remote. Trigg v. Railroad, 74 Mo. 147; Marshall v. Railroad, 78 Mo. 610; Connell v. Telegraph Co., 116 Mo. 34; Francis v. Transfer Co., 5 Mo. App. 7; Strange v. Railway, 61 Mo.
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Appeal from Boone Circuit Court. — Ho». John A. Hochaday, Judge. (1) . Neither the effect upon the plaintiff’s health, nor her mental anxiety, if any, are proper elements of damage under the pleadings and the evidence in this case, or in actions of this character, (a) Because they are too remote. Trigg v. Railroad, 74 Mo. 147; Marshall v. Railroad, 78 Mo. 610; Connell v. Telegraph Co., 116 Mo. 34; Francis v. Transfer Co., 5 Mo. App. 7; Strange v. Railway, 61 Mo. App. 586; Deming v. Railway, 80 Mo. App. 152; Snyder v Railway, 85 Mo. App. 495. (h) Because there is no causal connection between…
1Opinion of the CourtSmith, P. J.
— The plaintiff in this case is , the twelve-year-old sister referred to in the opinion in that of Noble Rawlings by Next Friend, etc. v. Wabash Railroad Company, decided at the present term. The *513statement of facts in that case will to a certain extent answer in this.
The plaintiff in this case, it appears, after leaving defendant’s train and in her efforts to reach the station which it had carried her by, fell between the triangular bars or slats of the cattle guard which she was compelled to cross and in consequence thereof received several abrasions of the skin on her legs and a bruise on…
2Cases cited3 opinions
- Evans v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1882
- Winkler v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
- Burke v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
3Cited by6 opinions
- St. Louis S. F. R. Co. v. DavisSupreme Court of Oklahoma · 1913
- Wilson v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
- Nagel v. ThompsonMissouri Court of Appeals · 1943
- Smith v. Atchison, Topeka & Santa Fe Railway Co.Missouri Court of Appeals · 1906
- Bennett Ex Rel. Bennett v. St. Louis-San Francisco Railway Co.Missouri Court of Appeals · 1928
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