Legal Opinion

Nelson v. Atlantic & Pacific Railroad

Supreme Court of Missouri

Decided October 15, 1878PublishedCited by 26 opinions

Appeal from Webster Circuit Court. — Hon. R. W. Eyan, Judge. Mrs. Nelson’s conduct amounted to negligence per se, directly contributing to tbe injuries complained of; hence the court should have so declared, by directing that plaintiff be non-suited. Flemming o. W. P. R. R. Co., 49 Cal. 253; Richmond, v. 8. V. R. R. Co., 18 Cal. 351; Gray o.

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Appeal from Webster Circuit Court. — Hon. R. W. Eyan, Judge. Mrs. Nelson’s conduct amounted to negligence per se, directly contributing to tbe injuries complained of; hence the court should have so declared, by directing that plaintiff be non-suited. Flemming o. W. P. R. R. Co., 49 Cal. 253; Richmond, v. 8. V. R. R. Co., 18 Cal. 351; Gray o. Winter, 34 Cal. 153; Kline v. G. P. R. R. Co., 37 Cal. 400; Needham o. 8. F. $ 8. J. R. R. Co., 37 Cal. 409; Moore v. C. R. R. Co., 4 Zab. 268; Runyan v. C. R. R. Co., 1 But. Ch. 556; Mc-Clurg v. P. R. R. Co., 56 Pa. St. 294; Fletcher v. A. P. R. R. Co.,…

1Opinion of the CourtHough, J.

— In September, 1873, the plaintiff and his wife were passengers on the defendant’s road from Yinita, in the Indian territory, to the town of Richland, Pulaski county, in this State. The testimony is conflicting as to whether the train came to a full stop at Richland, their place of destination. However that may be, it is certain that other passengers got off there, among whom was a lady fifty-eight years of age, who was quite feeble; and it is also certain that the servants of the company on the train transacted business with the servants of the company at the station before the train…

2Cases cited4 opinions

  1. H.M. Filer v. . New York Central R.R. Co.New York Court of Appeals · 1872
  2. Doss v. Missouri, Kansas & Texas R. R.Supreme Court of Missouri · 1875
  3. Chicago & Alton Railroad v. RandolphIllinois Supreme Court · 1870
  4. Illinois Central Railroad v. AbleIllinois Supreme Court · 1871

3Cited by26 opinions

  1. Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  2. Trigg v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1881
  3. Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
  4. Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
  5. Rains v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1879

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