Magoffin v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from, Jaclcson Circuit Court. — Hon. T. A. Q-ill, Judge. The court erred in giving to the jury plaintiff ’ s instruction directing it to find a verdict against the defendant for $5,000. Higgins v. Railroad, 36 Mo. 418 ; Price v. Railroad, 113 U. S. 218; Same v. Railroad, 69 Penn. St. 256 ; Nolton «. Railroad, 15 N. Y. 444; Wells v. Railroad,, 24 N. Y. 181-184 ; Railroad v. Melsaclc, 41 Am. & Eng.
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Appeal from, Jaclcson Circuit Court. — Hon. T. A. Q-ill, Judge. The court erred in giving to the jury plaintiff ’ s instruction directing it to find a verdict against the defendant for $5,000. Higgins v. Railroad, 36 Mo. 418 ; Price v. Railroad, 113 U. S. 218; Same v. Railroad, 69 Penn. St. 256 ; Nolton «. Railroad, 15 N. Y. 444; Wells v. Railroad,, 24 N. Y. 181-184 ; Railroad v. Melsaclc, 41 Am. & Eng. R. R. Cases, 60; Railroad v. Mitchell, 11 Heiskell, 400; Heazle v. Railroad, 76 111. 501. (1) The plaintiff was entitled 'to recover $5,000 liquidated damages under section 4425, Revised…
1Opinion of the CourtSherwood, P. J.
— Action for $5,000 damages for the death of plaintiff’s husband, caused by a collision of two of the trains of the defendant.
The cause was tried on this stipulation:
“First. Elijah H. Magoffin, the husband of the plaintiff, was killed by a collision between two trains of car’s of the defendant on the line of the defendant’s railroad, between Greenwood, Jackson county, Missouri, and Pleasant Hill, Cass county, Missouri, on the morning of November 27, 1886.
“ Second. At the time of the death of said Magoffin, he was in the employ of the United States of America, *542as a postal clerk, and was in one…
2Cases cited2 opinions
- Sullivan v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1888
- Price and Others v. Pennsylvania R. CoSupreme Court of the United States · 1885
3Cited by19 opinions
- Orcutt v. Century Building Co.Supreme Court of Missouri · 1907
- Giles v. Moundridge Milling Co.Supreme Court of Missouri · 1943
- Coleman v. Jackson CountySupreme Court of Missouri · 1942
- Malott v. Central Trust Co.Indiana Supreme Court · 1906
- Kansas City, Memphis & Birmingham Railroad v. Southern Railway News Co.Supreme Court of Missouri · 1899
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