Sullivan v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The defendant’s objection to the introduction of any evidence, under the petition, should have been sustained. The allegation is, that the death of plaintiff’s husband was occasioned “by the negligence of the officers, servants or employes of the defendant whilst running, conducting or managing said locomotive or train of cars.”
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Appeal from, Jackson Circuit Court. — Hon. J. H. Slover, Judge. (1) The defendant’s objection to the introduction of any evidence, under the petition, should have been sustained. The allegation is, that the death of plaintiff’s husband was occasioned “by the negligence of the officers, servants or employes of the defendant whilst running, conducting or managing said locomotive or train of cars.” The only particular acts of negligence charged are, “that said train was out of time, and under the control and management of one Fitzgerald as conductor, and O’Donnell, as engineer.” There is no…
1Opinion of the CourtBlack, J.
The plaintiff is the widow of Patrick Sullivan ; he was killed by a passenger train on defendant’s road and she sued for and recovered five thousand dollars damages, basing her cause of action on section 2121, Revised Statutes, 1879, known as the second section of the damage act. The petition states that deceased was a track-hand, his duties being that of a track-walker over a section of the road, and it then proceeds to state : *117‘ ‘ That while so engaged on the eighth day of May, 1885, he was run upon, injured and killed by the locomotive and cars of defendant, known as the morning Lexington…
2Cases cited4 opinions
- Proctor v. Hann. & St. Joe. R. R.Supreme Court of Missouri · 1876
- Hall v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1881
- Gurley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- Condon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1883
3Cited by45 opinions
- Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
- Hilz v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
- Grattis v. Kansas City, Pittsburg & Gulf RailroadSupreme Court of Missouri · 1900
- Hill v. Missouri Pacific Railway Co.Missouri Court of Appeals · 1892
- Hardwick v. Wabash RailroadMissouri Court of Appeals · 1914
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