Lessenden v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judg'e, (1) Plaintiff liad no right to maintain this suit in the circuit court of Jackson county, Missouri. Under the laws of the State of Kansas suit was required to he brought either in the county where the accident occurred or in the county in which the defendant had its principal office and place of business.
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Appeal from Jackson Circuit Court. — Hon. James E. Goodrich, Judg'e, (1) Plaintiff liad no right to maintain this suit in the circuit court of Jackson county, Missouri. Under the laws of the State of Kansas suit was required to he brought either in the county where the accident occurred or in the county in which the defendant had its principal office and place of business. The accident did not occur in Jackson county, Missouri, nor did defendant have its principal office and place of business in said county. Sec. 2, chap. 379, p. 582, Laws of Kansas 1903. The plaintiff, a resident- of Kansas,…
1Opinion of the CourtValliant, C. J.
Plaintiff recovered a judgment in the circuit court of Jackson county against defendant for $25,000, as for personal injuries alleged to have been suffered by him through the negligence of a fellow-servant. From that judgment the defendant prosecutes this appeal.
The accident occurred at Osawatomie in Miami county, Kansas, where the plaintiff resided and through which the defendant’s railroad runs.
The action is founded on a statute of Kansas making a railroad company liable for injuries inflicted on an employee through the negligence of a fellow-servant. The following statement we take from…
2Cases cited4 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. SowersSupreme Court of the United States · 1909
- Partello v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
- Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Husted v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1910
3Cited by17 opinions
- Elliott v. JohnstonSupreme Court of Missouri · 1956
- Applegate v. Quincy, Omaha & Kansas City RailroadSupreme Court of Missouri · 1913
- Yost v. Union Pacific RailroadSupreme Court of Missouri · 1912
- Johnson v. Waverly Brick & Coal Co.Supreme Court of Missouri · 1918
- Riley v. City of IndependenceSupreme Court of Missouri · 1914
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