Farber v. Missouri Pacific Railway Co.
Missouri Court of Appeals
Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The instruction for a non-suit should have been given : Because the evidence did not. show that the act complained of was within the scope of the brakeman’s authority. Marion v. Railroad, 8 A. & E. Ry. Cas. 178 ; Coal Co. v. Herman, 88 Pa. St. 419 ; Eaton v. Railroad, 57 N. Y. 382 ; Robertson n. 'Railroad, 22 Barb. 91; Whitehead v. Railroad, 22 Mo.
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Appeal from the St. Louis City Circuit Court. — Hon. Shepard Barclay, Judge. The instruction for a non-suit should have been given : Because the evidence did not. show that the act complained of was within the scope of the brakeman’s authority. Marion v. Railroad, 8 A. & E. Ry. Cas. 178 ; Coal Co. v. Herman, 88 Pa. St. 419 ; Eaton v. Railroad, 57 N. Y. 382 ; Robertson n. 'Railroad, 22 Barb. 91; Whitehead v. Railroad, 22 Mo. App. 63 ;■ Snyder v. Railroad, 60 Mo. 419 ; McKeon v. Railroad, 42 Mo. 87 ; Jaclcson v. Railroad, 87 Mo. 431; DeCamp n. Railroad, 12 la. 348 ; Railroad v. Downey, 18 111.…
1Opinion of the CourtRombauer, P. J.
This action was brought March 17, 1887, by the plaintiff to recover for the loss .of service of his minor son, who was run over and seriously inj ured by one of defendant’s freight trains June 29, 1883.
The plaintiff’s case stands on the boy’s testimony, who was at the date of the accident nearly sixteen years old. His version of the occurrence, so far as the facts bear upon the main question involved in the case, was substantially as follows: That he and another lad about his age, at about nine o’clock on the night of the twenty-ninth of June, 1883, got on one of defendant’s freight trains…
2Cases cited3 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Jackson v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1885
- Whitehead v. St. Louis, Iron Mountain & Southern Railway Co.Missouri Court of Appeals · 1886
3Cited by21 opinions
- Farber v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Oganaso v. MellowSupreme Court of Missouri · 1947
- Walker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1894
- Voegeli v. Pickel Marble & Granite Co.Missouri Court of Appeals · 1892
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