Pointer v. Mountain Railway Construction Co.
Supreme Court of Missouri
Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The law holds the defendant to the highest degree of care and applies the doctrine of res ipsa loquitur. Tenn. State Fair Assn. v. Hartman, 183 S. W. 735; Hartman v. Tenn. State Fair Assn., 183 S. W‘. 733, citing Hollis v. K. C. Assn., 205'Mo. 508; Best Park Co. v. Rollins, 68 So. (Ala.) 417; Chesapeake Beach Ry. Co. v. Brez, 39 App. D. C. 58; Lee Line Steamers v. Robinson, 218 Fed. 563; Hughes y.
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Appeal from St. Louis City Circuit Court. — Hon. Wilson A. Taylor, Judge. (1) The law holds the defendant to the highest degree of care and applies the doctrine of res ipsa loquitur. Tenn. State Fair Assn. v. Hartman, 183 S. W. 735; Hartman v. Tenn. State Fair Assn., 183 S. W‘. 733, citing Hollis v. K. C. Assn., 205'Mo. 508; Best Park Co. v. Rollins, 68 So. (Ala.) 417; Chesapeake Beach Ry. Co. v. Brez, 39 App. D. C. 58; Lee Line Steamers v. Robinson, 218 Fed. 563; Hughes y. Railroad, L. R. A. 1916A, 927, and note. The maxim res ipsa loquitur applies to many other classes of cases. Setter v.…
1DissentBond, J.
(dissenting). — The following opinion written by me in Division, with a few additions, is now filed as my dissent from the opinion adopted by the majority of this court.
Plaintiff sued the defendant for twenty-five thousand dollars for injuries sustained while riding on a scenic railway called the “Racer Dip,” operated by defendant for the transportation of persons for hire over and around double metal tracks supported by trestles and' proceeding over very steep high and low' grades so-' as to return on a circuitous course, after a trip of about three-quarters of a mile, to the starting…
2Cases cited8 opinions
- Sweeney v. ErvingSupreme Court of the United States · 1913
- Best Park & Amusement Co. v. RollinsSupreme Court of Alabama · 1915
- Dougherty v. Missouri RailroadSupreme Court of Missouri · 1884
- O'Callaghan v. Dellwood Park Co.Illinois Supreme Court · 1909
- Gallagher v. Edison Illuminating Co.Missouri Court of Appeals · 1897
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