Legal Opinion

O'Flaherty v. Union Railway Co.

Supreme Court of Missouri

Decided October 15, 1869PublishedCited by 26 opinions

Appeal from St. Louis Circuit Court. cited Wrigbt v. Malden Railroad Co., 4 Allen, 283 ; Tiwr. Vermont Central Railroad, 24 Verm. 487 ; Buggs v. Taylor, 28 Verm. 180 ; Lucas v. New Bedford & T. R.R. Co., 6 Gray, 64 ; Gilman v. Deerfield, etc., 16 Gray, —; Garrell v. Manchester, etc., 16 Gray, —; Gallagher v. Boston, etc., 1 Allen, 187 ; Todd y.

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Appeal from St. Louis Circuit Court. cited Wrigbt v. Malden Railroad Co., 4 Allen, 283 ; Tiwr. Vermont Central Railroad, 24 Verm. 487 ; Buggs v. Taylor, 28 Verm. 180 ; Lucas v. New Bedford & T. R.R. Co., 6 Gray, 64 ; Gilman v. Deerfield, etc., 16 Gray, —; Garrell v. Manchester, etc., 16 Gray, —; Gallagher v. Boston, etc., 1 Allen, 187 ; Todd y. Old Colony, etc., 3 Allen, 21; 36 Mo. 484 ; Holly v. Boston Gas-Light Company, 8 Gray, 123 ; Hatfield v. Roper, 21 Wend. 615; Lehman v. Brooklyn, 29 Barb. 236; Boland and Wife v. Missouri Railroad Company, 36 Mo. 484; Bliss v. Hibbraham, 8 Allen, 564;…

1Opinion of the CourtWasner, Judge

This was an action by plaintiffs, as parents, to recover from defendants, an incorporated street railroad company, the statutory penalty of $5,000 for killing their child, a little girl aged about two years and eight months. The evidence shows that the accident occurred on Carr street, in the city of St. Louis; that the mother of the child dressed it, and sent it, under the protection of an elder sister about eight yeare of age, to a lot across the street to play and get fresh air; that after being there for a time the child, unobserved by its elder sister, escaped and undertook to make its…

2Cases cited2 opinions

  1. Mangam v. . Brooklyn R.R. Co.New York Court of Appeals · 1868
  2. Boland v. Missouri RailroadSupreme Court of Missouri · 1865

3Cited by26 opinions

  1. Mayhew v. BurnsIndiana Supreme Court · 1885
  2. Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
  3. Jackson ex rel. Jackson v. ButlerSupreme Court of Missouri · 1913
  4. Herrell v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1929
  5. City of Elwood v. AddisonIndiana Court of Appeals · 1901

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