Trigg v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from Ray Circuit Court. — Hon. Geo. W. Dunn, Judge. Such damages as result from getting wet, catching cold or being made sick, are too remote to be allowed in an action on contract like this. Hobbs v. R’y Co., L. R., 10 Q. B. Ill; P. P. Car Co. v. Barker, 4 Col. 344; s. c., 34 Am. Rep. 89; Francis v. Transfer Co., 5 Mo.
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Appeal from Ray Circuit Court. — Hon. Geo. W. Dunn, Judge. Such damages as result from getting wet, catching cold or being made sick, are too remote to be allowed in an action on contract like this. Hobbs v. R’y Co., L. R., 10 Q. B. Ill; P. P. Car Co. v. Barker, 4 Col. 344; s. c., 34 Am. Rep. 89; Francis v. Transfer Co., 5 Mo. App. 7. Anxiety and suspense of mind, effects upon her health, and danger from train being stopped an insufficient time, are not elements of damage, not being connected with any bodily injury, (Canning v. Williamstown, 1 Cush. 451; Pierce Am. R. R. Law, 494;…
1Opinion of the CourtHough, J.
In August, 1876, the plaintiff was at Nor-borne, in Carroll county, with her two children, one being four and the other between one and two years of age; and, desiring to go to Hardin, in Ray county, she purchased a ticket entitling her to be carried from Norborne to Hardin on one of defendant’s passenger trains. The train she took was the defendant’s west-bound day train between St Louis and Kansas City, which usually arrived at Hardin in the evening, between sundown and dark.
The material allegations of the petition are substantially as follows: “That she delivered her ticket to the…
2Cases cited3 opinions
- Indianapolis, Bloomington & Western Ry. Co. v. BirneyIllinois Supreme Court · 1874
- Nelson v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
- Francis v. St. Louis Transfer Co.Missouri Court of Appeals · 1877
3Cited by62 opinions
- Bass v. Nooney Co.Supreme Court of Missouri · 1983
- Pretsky v. Southwestern Bell Telephone CompanySupreme Court of Missouri · 1965
- Hyde v. City of ColumbiaMissouri Court of Appeals · 1982
- Connell v. Western Union-Telegraph Co.Supreme Court of Missouri · 1893
- International Ocean Telegraph Co. v. SaundersSupreme Court of Florida · 1893
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