Rapp v. St. Joseph & Iowa Railroad
Supreme Court of Missouri
Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. This is an action by the widow of Henry Rapp for statutory, damages on account of Ms death.
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Appeal from the Buchanan Circuit Court. — Hon. O. M. Spencer, Judge. This is an action by the widow of Henry Rapp for statutory, damages on account of Ms death. He was struck and killed by an engine of defendant, at a public road crossing in Buchanan county, in 1887. The petition charged (among other items) negligence, in that “at the time of the construction of said railroad, and at a point where the same passes through a deep cut near to said crossing, said defendant negligently caused banks of dirt to be thrown up alongside of said railroad, on its right of way and near thereto, and on top…
1Opinion of the CourtBarclay, J.
This action was brought under the damage act ( R. S. 1889, ch. 49 ) for the negligent killing of Henry Rapp, the late husband of plaintiff.
The judgment in the trial court cannot be supported in view of several recent decisions here.
I. The case was submitted to the jury so as to authorize a verdict for plaintiff in the sum of $5,000, if *428the jury found that the death of the plaintiff’s husband resulted from negligence of the defendant in permitting weeds, brush or other obstructions to exist on its right of way near the public crossing at which Mr. Rapp was killed.
The fixed sum of $5,000 is…
2Cases cited2 opinions
- Moberly v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1889
- Crumpley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
3Cited by12 opinions
- Schepers v. Union Depot RailroadSupreme Court of Missouri · 1895
- City of Indianapolis v. KeeleyIndiana Supreme Court · 1906
- Myers v. City of KansasSupreme Court of Missouri · 1891
- Lynch v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1892
- Culbertson v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1897
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