Greer v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from Butler County Circuit Court.—Hon. J. C. Sheppard, Judge. (1) Sec. 3150, R. S. 1909, upon which respondent’s cause of action is predicated, is designed solely for the protection of property from damage by fire and water and has no reference to personal injuries. See. 3150, R. S. 1909; Cox v. Railroad, 174 Mo. 588; Scott v. Railroad, 38 Mo. App. 527. (2) The injury complained of was not the proximate result of the alleged wrongful act charged against appellant.
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Appeal from Butler County Circuit Court.—Hon. J. C. Sheppard, Judge. (1) Sec. 3150, R. S. 1909, upon which respondent’s cause of action is predicated, is designed solely for the protection of property from damage by fire and water and has no reference to personal injuries. See. 3150, R. S. 1909; Cox v. Railroad, 174 Mo. 588; Scott v. Railroad, 38 Mo. App. 527. (2) The injury complained of was not the proximate result of the alleged wrongful act charged against appellant. Logan v. Railroad, 96 Mo. App. 461; Gwyn v. Railroad, 155 Fed. (Tenn.) 88; Cole v. G*. S. & L. Society, 124 Fed. (Utah)…
1Opinion of the CourtSturgis, J.
—This suit was originally commenced in the circuit court of Butler County on August 16, 1911, by Berryl McGowan, a child about-two years old, by his father as next friend, .to recover for physical pain and mental anguish suffered by said Berryl resulting from burns received on account of the alleged negligence of defendant in failing to keep its right of way free from dead grass and weeds and other rubbish, so as to prevent the spread of fire communicated thereto by passing locomotives. The evidence showed that; the front yard of this child’s home adjoined the- defendant’s right of way, and…
Also in this document: Concurrence.
2Cases cited39 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Phillips v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Childs v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1893
- Hanson v. NealSupreme Court of Missouri · 1908
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
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3Cited by16 opinions
- Jordan v. St. Joseph Railway, Light, Heat & Power Co.Supreme Court of Missouri · 1934
- Curry v. DahlbergSupreme Court of Missouri · 1937
- Wallace v. BoundsSupreme Court of Missouri · 1963
- Murphy v. St. Louis, San Francisco RailroadMissouri Court of Appeals · 1920
- Missouri, K. & T. Ry. Co. of Texas v. CardwellCourt of Appeals of Texas · 1916
11 more not listed; retrieve them via the Exa API.