Phillips v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Now. Moses N. Sale, Judge. (1) Neither negligence nor contributory negligence can be imputed to an insane person. Williams v. Hays, 157 N. Y. 541, 143 N. Y. 442, 2 App. Div.
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Appeal from St. Louis City Circuit Court. — Now. Moses N. Sale, Judge. (1) Neither negligence nor contributory negligence can be imputed to an insane person. Williams v. Hays, 157 N. Y. 541, 143 N. Y. 442, 2 App. Div. (N. Y.) 183; Jackson v. Railroad, 157 Mo. 621; Washington v. Railroad, 17 W. Ya. 190; Railroad v. Gregory, 58 111. 226; Wharton on Negligence (2 Ed.), secs. 87, 88; Campbell v. Railroad, 175 Mo. 161; Anderson v. Railroad, 161 Mo. 411; Stern v. Bensieck, 161 Mo. 146. (2) The evidence did not justify the court in declaring as a matter of law that the deceased committed suicide.…
1Opinion of the CourtCraves, J.
— This is an action by the widow to recover the sum of $5,000; for the alleged negligent killing of her husband, James B. Phillips, who died April 11, 1904. The trial court having given a peremptory instruction to find for the defendant, the plaintiff took an involuntary nonsuit, with leave, and after unsuccessful motion to set aside the nonsuit so taken, perfected her appeal to this court.
Phillips, the deceased, was an employee of defendant in its Auditor’s department. As such employee *425there had been taken ont of his wages a small monthly hospital fee, which entitled him to be admitted and…
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- Coe v. Washington MillsMassachusetts Supreme Judicial Court · 1889
- Brown v. La Société Française De Bienfaisance MutuelleCalifornia Supreme Court · 1903
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3Cited by56 opinions
- Bond v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1926
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- Chicago, St. P., M. & O. Ry. Co. v. KulpCourt of Appeals for the Eighth Circuit · 1939
- Gaines v. Property Servicing CompanySupreme Court of Missouri · 1955
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