Legal Opinion

Gibson v. Chicago Great Western Railway Co.

Supreme Court of Missouri

Decided February 12, 1910PublishedCited by 21 opinions

Appeal from Buchanan Circuit Court. — How. Henry M. Harney, Judge. Plaintiff, under the laws of Iowa referred to in the petition, had a cause of action against defendant which had fully accrued on the date mentioned in the petition, hut under the law in effect in this State at that time there was no procedure provided by law for enforcing plaintiff’s existing cause of action in this State, and to remedy this condition the State of Missouri passed an act found in Session Laws…

Read the full summary

Appeal from Buchanan Circuit Court. — How. Henry M. Harney, Judge. Plaintiff, under the laws of Iowa referred to in the petition, had a cause of action against defendant which had fully accrued on the date mentioned in the petition, hut under the law in effect in this State at that time there was no procedure provided by law for enforcing plaintiff’s existing cause of action in this State, and to remedy this condition the State of Missouri passed an act found in Session Laws 1905, at page 95, which act provided plaintiff a remedy in this State for his then existing cause of action. As the Act…

1Opinion of the CourtBurgess, J.

The plaintiff instituted this suit in the circuit court of Buchanan county, against the defendant, to recover the sum of $10,000 damages for the death of his intestate, Martin M. "Welch, caused by the alleged negligence of the defendant.

The petition filed therein was as follows (formal parts omitted):

“Plaintiff states that the Chicago Great Western Railway Company is a corporation duly organized and existing under and by virtue of the laws of the State of Illinois, and as such corporation is engaged in the general railroad business in the State of Iowa, and has a railroad right-of-way,…

2Cases cited32 opinions

  1. Frost v. WitterCalifornia Supreme Court · 1901
  2. Kittinger v. . Buffalo Traction Co.New York Court of Appeals · 1899
  3. State ex rel. Applegate v. TaylorSupreme Court of Missouri · 1909
  4. State ex rel. McCaffery v. AloeSupreme Court of Missouri · 1899
  5. Mooney v. KennettSupreme Court of Missouri · 1854

27 more not listed; retrieve them via the Exa API.

3Cited by21 opinions

  1. Rositzky v. RositzkySupreme Court of Missouri · 1932
  2. Maniaci v. Interurban Express Co.Supreme Court of Missouri · 1916
  3. State Ex Rel. Jones v. NolteSupreme Court of Missouri · 1942
  4. Coronet Phosphate Co. v. United States Shipping Co.District Court, S.D. New York · 1917
  5. Musser v. MusserSupreme Court of Missouri · 1920

16 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API