Legal Opinion

Philpott v. Missouri Pacific Railroad

Supreme Court of Missouri

Decided October 15, 1884PublishedCited by 37 opinions

Appeal from St. Louis Court of Appeals. (1) The date of the emancipation of an infant, as-fixed by law, is purely arbitrary. There was no proof in this case of the duration of the period of infancy in the-state of Texas.

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Appeal from St. Louis Court of Appeals. (1) The date of the emancipation of an infant, as-fixed by law, is purely arbitrary. There was no proof in this case of the duration of the period of infancy in the-state of Texas. (2) This state, by its statutory law, can not create or affect that period, or so far extend its jurisdiction over the wards of the state of Texas as to affect the relation of parent and child, or ignore what might, upon proof, have shown a legal and binding emancipation, sanctioned by the laws of that state, allowing such contracts between father and son to terminate this…

1Opinion of the CourtBlack, J.

The plaintiffs, husband and wife, recovered j udgment against the defendant for the sum of $5,000, because of the death of their minor son, between nineteen and twenty years of age, occasioned by the collision of two trains of cars on the defendant’s road, at Washington, in this state. The son was, on the night of the thirtieth, of May, 1881, traveling in the caboose car of a stock train, in charge of stock, when this car collided with the caboose car of another trajn. From the effect of the injuries thus received he died in some ten or twelve days.. The collision was occasioned by the…

2Cases cited3 opinions

  1. Coover v. Moore & WalkerSupreme Court of Missouri · 1862
  2. Ream v. WatkinsSupreme Court of Missouri · 1858
  3. Davis v. HolmesSupreme Court of Missouri · 1874

3Cited by37 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
  2. Mulhall v. FallonMassachusetts Supreme Judicial Court · 1900
  3. Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
  4. Spurgeon v. Mission State BankCourt of Appeals for the Eighth Circuit · 1945
  5. Victor Chemical Works v. Industrial BoardIllinois Supreme Court · 1916

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