Donahoe v. Wabash, St. Louis & Pacific Railway Co.
Supreme Court of Missouri
Appeal from Chariton Circuit Court. — A. W. Mullins, Esq., Special Judge. Respondents ought not to have recovered either upon their own case, or upon the whole case as made. (1) Because of tlieir contributory negligence in permitting their child to go upon and play about, unguarded and uncautioned, the appellant’s track, over which they knew trains, both extra and regular, were accustomed to pass, and might be expected at any moment. Bellefontaine Ry.
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Appeal from Chariton Circuit Court. — A. W. Mullins, Esq., Special Judge. Respondents ought not to have recovered either upon their own case, or upon the whole case as made. (1) Because of tlieir contributory negligence in permitting their child to go upon and play about, unguarded and uncautioned, the appellant’s track, over which they knew trains, both extra and regular, were accustomed to pass, and might be expected at any moment. Bellefontaine Ry. Co. v. Snyder, 24 Ohio St. 670; Moore v. Metropolitan Ry. Co., 2 Mackey (Dist. Col.) 437; Smith v. Ry. Co., 2 Am. & Eng. Ry. Cas. 12; Ry. Co.…
1Opinion of the CourtHenry, J.
This suit is for the recovery of damages for injuries sustained by plaintiff, Mary, in attempting to rescue her child alleged to have been on the defendant’s track in front of an approaching freight train. The evidence in the case does not, except in a few particulars which will be noted, differ very materially from that in the case of these plaintiffs against this defendant, for the killing of the child, decided at this term.
Mrs. Donahoe testified that the child was lying on the rail of the track trying to cross it. She did not so testify in .the other case. Mrs. McAuliff testified that when…
2Cases cited4 opinions
- Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871
- Linnehan v. SampsonMassachusetts Supreme Judicial Court · 1879
- Frick v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
- Evansville & Crawfordsville Railroad v. HiattIndiana Supreme Court · 1861
3Cited by32 opinions
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1898
- Lowrey v. HorvathSupreme Court of Missouri · 1985
- Corbin v. PhiladelphiaSupreme Court of Pennsylvania · 1900
- Allison v. Sverdrup & Parcel & Associates, Inc.Missouri Court of Appeals · 1987
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