Smith v. Pacific Railroad
Supreme Court of Missouri
Error to Dole County Circuit Court. I. Plaintiff cannot recover under § 2 of the Damage Act, because, by the terms of that act, recovery can only be had from the corporation “ in whose employ ” the servant shall be at the time when the injury is committed. II. The Atl. &Pac. R. R. is not a “ corporation of another State” — as meant by the act of March 1870 — but of the United States.
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Error to Dole County Circuit Court. I. Plaintiff cannot recover under § 2 of the Damage Act, because, by the terms of that act, recovery can only be had from the corporation “ in whose employ ” the servant shall be at the time when the injury is committed. II. The Atl. &Pac. R. R. is not a “ corporation of another State” — as meant by the act of March 1870 — but of the United States. This limitation as to the railroad corporations “of another State,” is the more striking, as this statute expressly provides for leases by corporations created by the United States.
1Opinion of the CourtNapton, Judge
The only question in this case is upon the construction of the act of the Legislature of March 21,1870,which provides for the consolidation of railroads under certain restrictions, and for leasing or purchasing foreign railroads, or the leasing or purchasing by foreign railroads of railroads in this State. One of its provisions is, that “a corporation in this State, leasing its road to a corporation of another State, shall remain liable, as if it operated the road itself, and a corporation of another State being the lessee of a railroad in this Stare, shall likewise be held liable for the…
2Cited by6 opinions
- Moorshead v. United Railways Co.Supreme Court of Missouri · 1907
- Markey v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1904
- Moorshead v. United Railways Co.Missouri Court of Appeals · 1906
- Hahs v. Cape Girardeau & Chester RailroadMissouri Court of Appeals · 1910
- Home Owner's Loan Corp. v. CaplanMissouri Court of Appeals · 1942
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