Legal Opinion

Adams v. Quincy, Omaha & Kansas City Railroad

Supreme Court of Missouri

Decided April 9, 1921PublishedCited by 21 opinions

Appeal from Grundy Circuit Court. — Hon. L. B. Woods, Judge. (1) All the errors assigned affecting the defendant railroad company may be summed into one, the judgment must be reversed as to that defendant because this court will take judicial notice of the proclamations of the President and orders of the Director General as well as the Federal Control Act and the Transportation Act.

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Appeal from Grundy Circuit Court. — Hon. L. B. Woods, Judge. (1) All the errors assigned affecting the defendant railroad company may be summed into one, the judgment must be reversed as to that defendant because this court will take judicial notice of the proclamations of the President and orders of the Director General as well as the Federal Control Act and the Transportation Act. These show the defendant railroad company was not operating the road at the time of the injury to plaintiff October 28, 1918, and, therefore, no judgment can be entered against it. Nor. Pac. Ry. Co. v. State, 250…

1Opinion of the Court

Appeal from the Circuit Court of Grundy County. Suit for personal injuries. The railroad company and William G. McAdoo, Director General of Railroads, were defendants when the petition was filed November 19, 1918.

The petition alleged that on October 28, 1918, plaintiff was in the employ of defendants as a common laborer with a section-crew engaged in repairing the tracks of defendants at Knox City, Missouri. That he, on that date, lost his left eye, because one James, a fellow-servant working with him, attempted to drive a spike into a tie and "negligently struck at said spike and negligently…

2Cases cited2 opinions

  1. Kersten Ex Rel. Kersten v. HinesSupreme Court of Missouri · 1920
  2. Mardis v. HinesCourt of Appeals for the Eighth Circuit · 1920

3Cited by21 opinions

  1. Thompson v. City of LamarSupreme Court of Missouri · 1929
  2. Gann v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1928
  3. Morris v. E. I. DuPont De Nemours & Co.Supreme Court of Missouri · 1940
  4. Lawrence v. Southern Pacific Co.California Supreme Court · 1922
  5. Guthrie v. GillespieSupreme Court of Missouri · 1928

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