Frick v. St. Louis, Kansas City & Northern Railway Co.
Supreme Court of Missouri
Appeal from St. Louis Court of Appeals. The train m question consisted of ten cars pushed by a locomotive, which also drew a caboose after it. Three of the cars were loaded with stone. The rest were empty. The train came from the east. The accompanying diagram shows the scene of the injury.
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Appeal from St. Louis Court of Appeals. The train m question consisted of ten cars pushed by a locomotive, which also drew a caboose after it. Three of the cars were loaded with stone. The rest were empty. The train came from the east. The accompanying diagram shows the scene of the injury. The plaintiff not being where she had a lawful right; not being where the defendant’s servants were bound to look out for her, or expect her to be, the defendant’s duty toward the child began only when its servants discovered her upon the track. Their duty did not begin when she could have been discovered,…
1Opinion of the CourtHough, J.
This was an action' in the name of Lulu Frick, a minor, by her next friend, to recover damages for personal injuries sustained by her, by reason of having been run over by a gravel train-of the defendant, midway between Grand Avenue and Theresa street, in the city of St. Louis. The train which inflicted the injury consisted of ten flat cars, seven of which were empty and three loaded with stone, propelled by an engine in the rear thereof, to which were attached a tender and a caboose.
The negligence of the defendant, which, it is alleged, occasioned the injury, is thus stated in the petition :…
2Cases cited17 opinions
- Continental Improvement Co. v. SteadSupreme Court of the United States · 1877
- Buesching v. St. Louis Gaslight Co.Supreme Court of Missouri · 1880
- Johnson v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1859
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
12 more not listed; retrieve them via the Exa API.
3Cited by51 opinions
- Morgan v. Wabash RailroadSupreme Court of Missouri · 1900
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Crawford v. Southern Railway Co.Supreme Court of Georgia · 1899
- Boyd v. Wabash Western Railway Co.Supreme Court of Missouri · 1891
- Frye v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1906
46 more not listed; retrieve them via the Exa API.