Legal Opinion

Koons v. St. Louis & Iron Mountain Railroad

Supreme Court of Missouri

Decided October 15, 1877PublishedCited by 56 opinions

Appeal from Wayne Circuit Court.—Hon. R. P. Owen, Judge. The instruction referred to in the opinion of the court as the first instruction given, is as follows : If the jury find from the evidence that the plaintiffs are husband and wife and father and mother of deceased, James R. Noons, and that James R. Noons was a child nine years of age, incapable of understanding the dangerous character of the turn-table in question, and if they find that said turn-table was used and…

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Appeal from Wayne Circuit Court.—Hon. R. P. Owen, Judge. The instruction referred to in the opinion of the court as the first instruction given, is as follows : If the jury find from the evidence that the plaintiffs are husband and wife and father and mother of deceased, James R. Noons, and that James R. Noons was a child nine years of age, incapable of understanding the dangerous character of the turn-table in question, and if they find that said turn-table was used and operated by defendant in connection with its said road, and that it was located in a public place near the passenger…

1Opinion of the CourtNapton, J.

i. personal TNJut o?y negUgenoé oi parents.

The third instruction given for the plaintiffs in this case was clearly erroneous. This instruction was “that if the jury believe from the evidence that plaintiffs negligently permitted their son James R. Coons, to wander from his home and to go upon the turn-table of the defendant, and was killed by said turn-table, and that said James R. was so young and inexperienced as not to possess sufficient judgment to warn him of the danger of the place or character of the machinery, and that he was killed by negligence aiid carelessness of defendants in not…

2Cited by56 opinions

  1. City of Pekin v. McMahonIllinois Supreme Court · 1895
  2. Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
  3. Bransom's adm'r v. LabrotCourt of Appeals of Kentucky · 1884
  4. Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
  5. Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901

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