Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.
Missouri Court of Appeals
Appeal from the Jefferson County Circuit Court, John L. Thomas, Judge. The petition fails to state facts sufficient to constitute a cause of .action, because it fails to state that James N. Whitehead had paid his fare and was a passenger on the extra freight train, and fails to state that the extra freight train was a passenger-carrying train. Snyder v. Railroad, 60 Mo. 413; Robertson v. Erie Co., 22 Barb. 91; Isaacs v. Third Ave.
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Appeal from the Jefferson County Circuit Court, John L. Thomas, Judge. The petition fails to state facts sufficient to constitute a cause of .action, because it fails to state that James N. Whitehead had paid his fare and was a passenger on the extra freight train, and fails to state that the extra freight train was a passenger-carrying train. Snyder v. Railroad, 60 Mo. 413; Robertson v. Erie Co., 22 Barb. 91; Isaacs v. Third Ave. Co., 47 N. Y. 122; Parker v. Erie Co., 5 Hun 57; Kimball v. Railroad, 26 Yt. 247; Shaw v. Railroad, 6 Eng. R. Cases 87 ; Navigation Co. v. Merchants’ Rank, 6 How.…
1Opinion of the CourtRombaueb, J.
This is an action by the mother of an' infant, to recover for the loss of his services, resulting from injuries caused to him by the negligence of the defendant’s employes. Her husband, the stepfather of the infant, is joined as a co-plaintiff.
The petition states, in substance, "that on or about .January 10, 1885, at De Soto, a station of the defendant’s ¡railroad, the servants and employes of the defendant in -charge of an extra freight train, took and received plaintiffs’ boy on said freight train for a ride down the said railroad, and while the said boy was on the said train, he was…
2Cases cited17 opinions
- Williams v. . HutchinsonNew York Court of Appeals · 1850
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Wilton v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1871
- Eaton v. Delaware, Lackawanna & Western RailroadNew York Court of Appeals · 1874
- Houston & Texas Central Railway Co. v. MooreTexas Supreme Court · 1878
12 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Matthews v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1887
- Farber v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1888
- Berry v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Citizens' Street Railroad v. WilloebyIndiana Court of Appeals · 1896
- Clark v. Colorado & N. W. R.Court of Appeals for the Eighth Circuit · 1908
6 more not listed; retrieve them via the Exa API.