Dickson v. Omaha & St. Louis Railroad
Supreme Court of Missouri
Appeal from Daviess Circuit Court.—Hon. C. H. S. G-oodman, Judge. (1) The petition does not state a cause of action and the court erred in overruling defendant’s objection to the introduction of any evidence by the plaintiff, because, as against its employees, defendant was under no duty to fence its road.
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Appeal from Daviess Circuit Court.—Hon. C. H. S. G-oodman, Judge. (1) The petition does not state a cause of action and the court erred in overruling defendant’s objection to the introduction of any evidence by the plaintiff, because, as against its employees, defendant was under no duty to fence its road. R. S., sec. 2611; Rorer on Railroads, ch. 25, sec. 1; 1 Thompson on Negligence, 517; 2 Shearman & Redfield on Neg. [4 Ed.], sec. 447; Redfield on Railways, ch. 19, sec. 12; Pierce on Railroads, 409; Langlois v. Railroad, 19 Barb, 364; Railroad v. Brown, 5 Brad. (111.) 590; Dewey v.…
1Opinion of the CourtMacearlane, J.
This action is brought by Lena Dickson, widow of James Dickson, deceased, against the Omaha and St. Louis Railway Company, to recover the sum of $5,000, for alleged negligence of the railway company, resulting in the death of Dickson, near Evona, Missouri, on May 16, 1891.
The petition avers that on that day deceased was in the employ of defendant as locomotive engineer and was operating one of its locomotives attached to a freight train. While so operating said engine a collision occurred with a bull, which had strayed upon the track through a defective fence, by reason of which collision the…
2Cases cited9 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Briggs v. St. Louis & San Francisco Railway Co.Supreme Court of Missouri · 1892
- Keyser v. Chicago & Grand Trunk Railway Co.Michigan Supreme Court · 1885
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- Huckleberry v. Missouri Pacific RailroadSupreme Court of Missouri · 1930
- Sydnor v. ArnoldCourt of Appeals of Kentucky · 1906
- Messing v. Judge & Dolph Drug Co.Supreme Court of Missouri · 1929
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