Matz v. Chicago & A. R.
U.S. Circuit Court for the District of Western Missouri
This was an action at law by Peter Matz and others against the Chicago & Alton Railroad Company to recover damages for the killing of plain tils’ child at a street crossing. The case was heard on motions to compel plaintiffs to elect on which cause of action they will rely, and to strike out certain parts of the petition.
1Opinion of the Court
PHILIPS, District Judge.
The defendant has filed a motion herein to compel the plaintiffs to elect upon which of the several causes of action they intend to rely at the trial. The petition is based upon the negligence of defendant’s servants in charge of one of its trains in killing plaintiffs’ child at a point where it is alleged the railroad intersected a public street in Kansas City, Mo. It is to be kept in mind in the consideration of cases like this that the cause of action is not so much that a person has been killed by the railroad as it is the imputed negligence of the railroad,…
2Cases cited2 opinions
- Union Pacific Railway Co. v. WylerSupreme Court of the United States · 1895
- Harris v. Wabash Railway Co.Missouri Court of Appeals · 1892
3Cited by5 opinions
- Coleman v. City of OaklandCalifornia Court of Appeal · 1930
- Bravis v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1914
- Harvey v. Southern Pac. Co.Oregon Supreme Court · 1905
- Bolen-Darnall Coal Co. v. WilliamsCourt Of Appeals Of Indian Territory · 1907
- Sutherland v. Buckeye Cotton Oil Co.District Court, S.D. Mississippi · 1919