Legal Opinion

Allen v. St. Louis & San Francisco Railroad

Missouri Court of Appeals

Decided November 23, 1914PublishedCited by 6 opinions

Appeal from Oregon County Circuit Court. — Eon. W. N. Evans, Judge. (1) When all the instructions are read in connection with each other they fully and properly declare the law applicable to the case and if no error appears the judgment should he affirmed.

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Appeal from Oregon County Circuit Court. — Eon. W. N. Evans, Judge. (1) When all the instructions are read in connection with each other they fully and properly declare the law applicable to the case and if no error appears the judgment should he affirmed. (2) The receivers were properly made defendants and the trial conrt had jurisdiction of said cause as to said receivers. 66 R. S. of U. S'., Act March 3, 1911, United States Compiled Statutes, 1901, Supp. 1911, p. 155; McNulta v. Lochridge, 141 U. S. 327, L. E. Book 36, p. 796, see 799, paragraph 3; Railroad v. Cox, 145 U. S. 601, L. E.…

1Opinion of the CourtSTURGrIS', J.

This is a suit for personal injuries and was here on a former appeal. [Allen v. Railroad, 167 Mo. App. 498, 151 S. W. 762.] The suit was originally ag’ainst the defendant railroad only. Before the second trial such railroad had gone into the hands of receivers appointed by the Federal Court. On plaintiff’s motion the receivers were made parties defendant over their objection and subsequent motion to be discharged. The cause then proceeded to trial, resulting in a judgment against the railroad company and the receivers. This action of the court is the first assigned error and must be…

Also in this document: Concurrence.

2Cases cited9 opinions

  1. Texas & Pacific Railway Co. v. CoxSupreme Court of the United States · 1892
  2. McNulta v. LochridgeSupreme Court of the United States · 1891
  3. Gableman v. Peoria, Decatur & Evansville Railway Co.Supreme Court of the United States · 1900
  4. Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
  5. Schwend v. St. Louis Transit Co.Missouri Court of Appeals · 1904

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3Cited by6 opinions

  1. Wilson v. FlemingWest Virginia Supreme Court · 1921
  2. Maddux v. Gardner and MarbleMissouri Court of Appeals · 1945
  3. Zoeller v. Terminal Railroad Ass'n of St. LouisMissouri Court of Appeals · 1966
  4. Kramer v. May Lumber CompanyMissouri Court of Appeals · 1968
  5. Brown v. CampbellMissouri Court of Appeals · 1949

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