York v. Kansas City, Clinton & Springfield Railway Co.
Supreme Court of Missouri
JError - to Henry Circuit Court. — Hon. Jas. H. Lay, Judge. (1) This right of action is both penal and compensatory, and minority of deceased has nothing to do with the amount of damages to be recovered. Phillpott v. Railroad, 85 Mo. 164. (2) On the question of an established custom of train men, in contradiction of positive rule. Barry v. Railroad, 98 Mo. 62. (3) On the question of contributory negligence. Wagner v. Railroad, 97 Mo. 512, and cases cited.
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JError - to Henry Circuit Court. — Hon. Jas. H. Lay, Judge. (1) This right of action is both penal and compensatory, and minority of deceased has nothing to do with the amount of damages to be recovered. Phillpott v. Railroad, 85 Mo. 164. (2) On the question of an established custom of train men, in contradiction of positive rule. Barry v. Railroad, 98 Mo. 62. (3) On the question of contributory negligence. Wagner v. Railroad, 97 Mo. 512, and cases cited. (4) As to liability of railway company, for negligent acts of co-employee, and an unskillful employee. Sullivan v. Railroad, 97 Mo. 113;…
1Opinion of the CourtMacfarlane, J.
— The suit is under the statute to recover damages for the death of the infant son of plaintiffs, caused by the negligence of defendant, as is alleged.
The petition charged that plaintiffs are husband und wife and George F. York was their son, and on the twenty-seventh day of March was a minor and unmarried, and was in the employ of defendant as a section hand, under the control of John Sullivan as foreman. That on said day their said minor son was, with four ■other laborers, directed to take a “push car” from the section at Deepwater down on a side track to the Currier brickyard and bring…
2Cited by6 opinions
- Kelley v. LawrenceSupreme Court of Missouri · 1906
- Williams v. SchaffSupreme Court of Missouri · 1920
- Hill v. Terminal Railroad Ass'n. of St. LouisSupreme Court of Missouri · 1948
- Wellinger v. Terminal Railroad Assn. of St. LouisSupreme Court of Missouri · 1944
- McDill v. Terminal R. R.Supreme Court of Missouri · 1954
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