Spillane v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jaclcson Circuit Court. — Hon. J. H. Sloveb, Judge. (1) The father, as natural guardian, could not maintain this suit. Revised Statutes, 1889, sec. 5279; McCarty v. Bountree, 19 Mo. 345; Morris v. Bailroad, 58 Mo. 78; Sherwood v. Neal, 41 Mo. App. 416. (2) The court should have directed a verdict for defendant.
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Appeal from Jaclcson Circuit Court. — Hon. J. H. Sloveb, Judge. (1) The father, as natural guardian, could not maintain this suit. Revised Statutes, 1889, sec. 5279; McCarty v. Bountree, 19 Mo. 345; Morris v. Bailroad, 58 Mo. 78; Sherwood v. Neal, 41 Mo. App. 416. (2) The court should have directed a verdict for defendant. Dennis Spillane, if on the traek where he received his injury, did not exercise that degree of care which was incumbent on one of his years and intelligence. Etcher v.Bailroad, 124 N. Y. 308. (3) The plaintiff’s instruction, numbered 2, was erroneous, and should not have…
1Opinion of the CourtMacfarlane, J.
Plaintiff, an infant eight years of age, prosecutes this suit by his father and natural guardian to recover damages for personal injuries sustained by having been struck by a train on the defendant’s road in Kansas City, by reason of the alleged negligence of the defendant’s employes in charge thereof.
The negligence charged in the petition, and upon which the case was submitted to the jury was that the train was negligently run at a rate of speed in excess of six miles per hour, in 'violation of an ordinance- of the city. Defendant demurred to the petition upon the ground, among others, that…
2Cases cited12 opinions
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Stone v. Dry Dock, East Broadway & Battery RailroadNew York Court of Appeals · 1889
- Williams v. Kansas City, Springfield & Memphis RailroadSupreme Court of Missouri · 1888
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- Whalen v. St. Louis, Kansa City & Northern RailwaySupreme Court of Missouri · 1875
7 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Meadows v. Pacific Mutual Life InsuranceSupreme Court of Missouri · 1895
- Royal Mining Company v. Fidelity Casualty Co.Missouri Court of Appeals · 1911
- Hendricks v. CallowaySupreme Court of Missouri · 1908
- Danforth v. Lindell Railway Co.Supreme Court of Missouri · 1894
25 more not listed; retrieve them via the Exa API.