Anthony v. Louisville & N. R. Co.
U.S. Circuit Court for the District of Eastern Missouri
At Law. Suit for damages. The plaintiff states in his petition that, while being transported by the defendant over its road, the car in which he was riding was thrown from the track, through the defendant’s negligence, and that he received a serious bodily injury, for which he asks damages.
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At Law. Suit for damages. The plaintiff states in his petition that, while being transported by the defendant over its road, the car in which he was riding was thrown from the track, through the defendant’s negligence, and that he received a serious bodily injury, for which he asks damages. Answer denying negligence, and alleging that the car on which the plaintiff was riding when hurt was thrown from the track by a rail broken by the preceding cars of the train, and that the rail broke because of a concealed defect, which could not have been discovered by inspection. The evidence was…
1Opinion of the Court
Treat, J.,
(charging jury orally.) -The principles of law governing cases of this character are very few and very simple. A passenger on a railroad train has a right to suppose that all the appliances connected with his transportation are such as the highest degree of human skill and prudence could furnish. If he meets with an injury through the fault of the railroad company, he is entitled to compensation therefor, including all the expenditures by him made in consequence of said injury, together with his loss of time, and a proper allowance for any special suffering to which he may have been…
2Cases cited12 opinions
- The Steamboat New World v. KingSupreme Court of the United States · 1854
- Orange County Bank v. BrownNew York Supreme Court · 1832
- New Orleans, Jackson, & Great Northern Railroad v. HurstMississippi Supreme Court · 1859
- Cregin v. . Brooklyn Crosstown Railroad Co.New York Court of Appeals · 1878
- Nolton v. . Western Railroad CorporationNew York Court of Appeals · 1857
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3Cited by3 opinions
- Osmun v. WintersOregon Supreme Court · 1896
- Kern v. KoganNew Jersey Superior Court Appellate Division · 1967
- Brown v. Louisiana & Missouri River RailroadSupreme Court of Missouri · 1914