Connor v. Chicago, Rock Island & Pacific R. R.
Supreme Court of Missouri
I. Taking section 2 of the damage act as a whole, it is plain that it was designed, not to give a right of action, where none existed before, but to fix and limit the damages recoverable by the representative of a passenger from a common carrier, for injuries resulting in death, received either through the carrier or his servants.
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I. Taking section 2 of the damage act as a whole, it is plain that it was designed, not to give a right of action, where none existed before, but to fix and limit the damages recoverable by the representative of a passenger from a common carrier, for injuries resulting in death, received either through the carrier or his servants. And the liability of such carrier is rather restricted than enlarged; for the section provides that it shall be a sufficient defense to show that the defect or insufficiency was not a negligent defect or insufficiency. II. Conceding that the word “ person ” in § 2,…
1Opinion of the Court
Per Napton, Judge.
This action was brought by the widow of Michael Connor to recover the statutory' penalty of $5,000 damages for the death of her husband, caused by the negligence and unskillfulness of the officers, servants, agents and employees of the defendant.
The defense was that the plaintiffs husband was a brakesmau at the time of the accident, and that the collision which overturned the cars, was not the result of any negligence.
The testimony of the plaintiff on the trial tended to show the following state of facts: The gravel train of the defendant, which was in charge of the…
2Cases cited4 opinions
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Harper v. Indianapolis & St. Louis RailroadSupreme Court of Missouri · 1871
- Schultz v. Pacific RailroadSupreme Court of Missouri · 1865
- McDermott v. Pacific RailroadSupreme Court of Missouri · 1860
3Cited by21 opinions
- Cummins v. Kansas City Public Service Co.Supreme Court of Missouri · 1933
- Humes v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Gilkeson v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1909
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