Dlauhi v. St. Louis, Iron Mountain & Southern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis County Circiiit Court. — Hon. Rudolph Hirzel, Judge. (1) The first instruction given for the defendant ignores any duty, on the part of defendant’s servants, of preventing the injury, though they may have seen the boy standing on the track, and that he did not observe the approaching train. This has never been the law.
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Appeal from St. Louis County Circiiit Court. — Hon. Rudolph Hirzel, Judge. (1) The first instruction given for the defendant ignores any duty, on the part of defendant’s servants, of preventing the injury, though they may have seen the boy standing on the track, and that he did not observe the approaching train. This has never been the law. It would be inhuman to acquit anyone of blame who should see another, however negligently, expose his life or limb, and thereafter use' no care to avoid such injury to such indiscreet person. Hanlon v. Railroad, 104 Mo. 389; Dahlstrom v. Railroad, 108 Mo.…
1Opinion of the CourtBurgess, J.
This is an action by plaintiff, a boy who was at the time of the injury complained of near the age of fourteen years, for damages for personal injuries sustained by him, by being run over by one of defendant’s trains of cars on the thirteenth day of July, 1887.
The case was before this court on a former occasion, 105 Mo. 645. The issues involved as then stated by GIantt, P. J., who wrote the opinion, are as follows: “The petition charges negligence in the running of the train; the failure to have a watchman at the crossing of Pilmore street when the accident happened as required by ordinance;…
2Cases cited12 opinions
- Waldhier v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
- McManamee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1896
- Iron Mountain Bank v. MurdockSupreme Court of Missouri · 1876
7 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Hornstein v. United Railways Co.Supreme Court of Missouri · 1906
- Abbitt v. St. Louis Transit Co.Missouri Court of Appeals · 1904
- Hornstein v. United Railways Co.Missouri Court of Appeals · 1902
- Frank v. St. Louis Transit Co.Missouri Court of Appeals · 1903
- Farr v. Adams Express Co.Missouri Court of Appeals · 1903
3 more not listed; retrieve them via the Exa API.