Foster v. Missouri Pacific Railway Co.
Supreme Court of Missouri
Appeal from Johnson Circuit Cowrt. — Hon. O. W. Sloan, Judge. The action is for damages for personal injuries. Plaintiff liad a verdict and judgment for $10,000 from which defendant appealed.
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Appeal from Johnson Circuit Cowrt. — Hon. O. W. Sloan, Judge. The action is for damages for personal injuries. Plaintiff liad a verdict and judgment for $10,000 from which defendant appealed. The petition (omitting portions which are not in controversy) charges that “on the second day of June, 1890, plaintiff was in the employ of defendant as a section hand; and as such and in the line of his employment was engaged with others in unloading a train of defendant’s cars at and near the town of Lamonte, in Pettis county, Missouri; that on the last named date one Pat Sheehan was in the employ of…
1Opinion of the CourtBarclay, J.
We entirely approve the rulings in the cause while in the second division, but deem it' proper in view of the earnestness of counsel in pressing upon our attention certain points not heretofore discussed to add some observations.
1. It is urged that the petition is fatally defective, and that the motion in arrest should have been sus*177tained, for that no causal connection is alleged between' the negligent order and the injuries sustained by the plaintiff.
The material parts of the petition are quoted in the statement accompanying this opinion. No objection was made to their sufficiency until the…
2Cases cited6 opinions
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Russ v. Wabash Western Railway Co.Supreme Court of Missouri · 1892
- Alcorn v. Chicago & Alton RailroadSupreme Court of Missouri · 1891
- Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
- Maxwell v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
1 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Morris v. Atlas Portland Cement Co.Supreme Court of Missouri · 1929
- Stewart v. WatsonMissouri Court of Appeals · 1908
- Murphy v. Great American InsuranceMissouri Court of Appeals · 1926
- Haney v. Pittsburgh, C., C. & St. L. R'y Co.West Virginia Supreme Court · 1893
- Flannegan v. Chesapeake & O. R'yWest Virginia Supreme Court · 1895
23 more not listed; retrieve them via the Exa API.