Burdict v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. James Gibson, Judge. (1) Actionable negligence is the inadvertent failure of a legally responsible person to use ordinary care under the circumstances, in endeavoring to perform a noncontractual duty implied by law, which failure is the proximate cause of injury to the person to whom the duty is due. 16 Am. and Eng.
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Appeal from Jaclcson Circuit Court. — Hon. James Gibson, Judge. (1) Actionable negligence is the inadvertent failure of a legally responsible person to use ordinary care under the circumstances, in endeavoring to perform a noncontractual duty implied by law, which failure is the proximate cause of injury to the person to whom the duty is due. 16 Am. and Eng. Encyclopedia of Law, p. 389; Bishop on Noncontract Law, sec. 436; Wharton on Negligence, sec. 3; Shearman & Red-field on Negligence, sec. 3. (2) There can be no negligence in the absence of a legal duty due from one person to another.…
1Opinion of the Court
DIVISION TWO.
Burgess, J.
— Action for damages for injuries resulting from alleged negligence on the part of the defendant, in permitting a ditch to be and remain in *227and across its track, by reason of -which it was unsafe for persons engaged in switching cars, that being the kind of work in which plaintiff, as an employee of defendant, was engaged in at the time of the accident.
The answer denied all allegations in the petition, and pleaded contributory negligence on the part of the plaintiff. On the thirty-ñrst day of August, 1887, the plaintiff, while in the. service of defendant as a switch-…
2Cases cited23 opinions
- Huhn v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Lewis v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1875
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Black v. Carrollton RailroadSupreme Court of Louisiana · 1855
18 more not listed; retrieve them via the Exa API.
3Cited by55 opinions
- Powers v. Allstate InsuranceWisconsin Supreme Court · 1960
- Firestone v. Crown Center Redevelopment Corp.Supreme Court of Missouri · 1985
- Chitty v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1899
- Counts v. ThompsonSupreme Court of Missouri · 1949
- Grodsky v. Consolidated Bag Co.Supreme Court of Missouri · 1930
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