Farber v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. L. B. Y allí ant, Judge. (1) It mattered not what the relation existing between plaintiff and defendant, this wiliful and malicious trespass created a liability of defendant to respond for the injuries so inflicted. Barker v. Railroad, 98 Mo. 53; Hallihan v. Railroad, 71 Mo. 118. Under evidence sustaining such allegations, even a trespasser may recover.
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Appeal from St. Louis City Circuit Court. — Hon. L. B. Y allí ant, Judge. (1) It mattered not what the relation existing between plaintiff and defendant, this wiliful and malicious trespass created a liability of defendant to respond for the injuries so inflicted. Barker v. Railroad, 98 Mo. 53; Hallihan v. Railroad, 71 Mo. 118. Under evidence sustaining such allegations, even a trespasser may recover. Adams v. Railroad, 74 Mo. 555; Travers v. Railroad, 63 Mo. 424; Perkins v. Railroad, 56 Mo. 212; 2 Shearman and Redfield on Negligence, sec. 483. As a common carrier the duties of defendant to a…
1Opinion of the CourtGantt, P. J.
This action was commenced on the thirteenth day of September, 1888, for a personal injury alleged to have been caused by the negligence of defendant June 29, 1883. To avoid the plea of the statute of limitations, it is averred, that the plaintiff was a minor when he was hurt and up to the twenty-second day of August, 1888.
The following averment states the pith and substance of plaintiff’s cause of action:
“Plaintiff states that on the twenty-ninth day of June, 1883, he was riding on the cars of defendant, propelled and drawn by a locomotive of defendant on the said road of defendant, and that…
2Cases cited19 opinions
- International & Great Northern Railway Co. v. AndersonTexas Supreme Court · 1891
- Craker v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- Goddard v. Grand Trunk RailwaySupreme Judicial Court of Maine · 1869
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Bryant v. RichMassachusetts Supreme Judicial Court · 1870
14 more not listed; retrieve them via the Exa API.
3Cited by53 opinions
- City of Nevada ex rel. Gilfillan v. EddySupreme Court of Missouri · 1894
- Clark v. Chicago & Alton RailroadSupreme Court of Missouri · 1895
- Raming v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1900
- Whiteaker v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Missouri · 1913
- Barnhart v. RipkaMissouri Court of Appeals · 1956
48 more not listed; retrieve them via the Exa API.