Reynolds v. St. Louis Southwestern Railway Co.
Missouri Court of Appeals
Appeal from Cape Girardeau Court of Common Pleas. —Eon. R. G. Romney, Judge. (1) Negligence consists in the violation of some dnty having regard to the relation between the parties, to time, place and circumstances. Henry v. Railroad, 76 Mo. 288; Richmond v. Railroad, 133 Mo. App. 463; Dowd v. Railroad, 20- L. R. A. (Wis.) 532; Carr v. Railroad, 195 Mo. 214. (2) Appellant owed no duty to the plaintiff.
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Appeal from Cape Girardeau Court of Common Pleas. —Eon. R. G. Romney, Judge. (1) Negligence consists in the violation of some dnty having regard to the relation between the parties, to time, place and circumstances. Henry v. Railroad, 76 Mo. 288; Richmond v. Railroad, 133 Mo. App. 463; Dowd v. Railroad, 20- L. R. A. (Wis.) 532; Carr v. Railroad, 195 Mo. 214. (2) Appellant owed no duty to the plaintiff. Stroub v. Soderer, 53 Mo. 42; Wencker v. Railroad, 169 Mo. 592; Heinlein v. Railroad, 147 Mass. 136; Severy'v. Nickerson, 120 Mass. 306; Faris v. Hoberg, 134 Ind. 269; Parker v. Pub. Co., 69…
1Opinion of the CourtReynolds, P. J.
This action was originally brought by plaintiff, respondent here, against the St. *621Louis & San Francisco Railroad Company, hereafter referred to as the Frisco. Afterwards by amendment the St. Louis Southwestern Railway Company, hereafter called the Cotton Belt, was made a party defendant along with the Frisco. The amended petition avers that defendants are engaged in operating their lines of railroad through the village of Delta, at which point these railroads cross the St. Louis, Iron Mountain & Southern, hereafter referred to as the Iron Mountain. It is further averred that at this station…
2Cases cited4 opinions
- Bennett v. Railroad Co.Supreme Court of the United States · 1881
- Fillingham v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Rearden v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1908
- Munro v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1911
3Cited by2 opinions
- Hoeffen v. Columbia Taxicab Co.Missouri Court of Appeals · 1913
- Rumann v. MontfortMissouri Court of Appeals · 1913