Dixon v. Chicago & Alton Railroad
Supreme Court of Missouri
Appeal from LaFayette Circuit Court. — Hon. Field, Judge. Richard Action by Katie Dixon, widow, for damages for the death of Charles Dixon. Defendant had judgment under an instruction of the court. Plaintiff appeals. The following statement was made by Bakclay, J.: Plaintiff has appealed from a judgment for defendant in an action for the negligent killing of her husband. No point arises on the pleadings.
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Appeal from LaFayette Circuit Court. — Hon. Field, Judge. Richard Action by Katie Dixon, widow, for damages for the death of Charles Dixon. Defendant had judgment under an instruction of the court. Plaintiff appeals. The following statement was made by Bakclay, J.: Plaintiff has appealed from a judgment for defendant in an action for the negligent killing of her husband. No point arises on the pleadings. These are the main facts: Defendant operated a quarry and a rock crusher in Jackson county, Missouri, for preparing rock to ballast its road. The quarry lay a short distance south, and…
1Opinion of the CourtBarclay, J.
Plaintiff, as the widow of. the deceased, Mr. Dixon, sues under the damage act IR. S. 1889, ch. 49), claiming the statutory recovery *420for Ms death, caused, as is charged, by negligence in the operation of one of defendant’s passenger trains.
The deceased was a quarry laborer, under orders of a foreman who had entire control of the quarry, represented the defendant there, hired, discharged and directed the men, and had no connection with the train service, so far as appears, in any way.
The first decisive question is,. whether deceased and the passenger trainmen are to be regarded as…
2Cases cited15 opinions
- Northern Pacific Railroad v. HerbertSupreme Court of the United States · 1886
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Pantzar v. . Tilly Foster Iron Mining Co.New York Court of Appeals · 1885
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
10 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Kidd v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1925
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Schlereth v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Evans v. Wabash Railroad Co.Supreme Court of Missouri · 1903
16 more not listed; retrieve them via the Exa API.