Loring v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. (1) There was a total failure of evidence to prove the case pleaded in the petition. WaldJieir v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Jackson v. Ilardin, 83 Mo. 175; Harty v. Railroad, 95 Mo. 368. (2) There was no evidence of negligence on the part of the defendant which placed deceased in peril.
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Appeal from Texas Circuit Court. — Hon. C. C. Bland, Judge. (1) There was a total failure of evidence to prove the case pleaded in the petition. WaldJieir v. Railroad, 71 Mo. 514; Price v. Railroad, 72 Mo. 414; Jackson v. Ilardin, 83 Mo. 175; Harty v. Railroad, 95 Mo. 368. (2) There was no evidence of negligence on the part of the defendant which placed deceased in peril. No rate of speed is negligence per se, in the absence of a statute or ordinance regulating the rate of speed. Maher v. Railroad, 64 Mo. 267; Wallace v. Railroad, 74 Mo. 594. (3) The peril and death of deceased were due to…
1Opinion of the Court
Gantt, P. J. —
This is an action for damages, brought by the widow of Frank Loring who was killed by a train of cars in defendant’s yards at Willow Springs, on the seventh day of November, 1891.
Frank Loring was a section hand working for defendant in its said yards, and the petition alleges that he was killed by and through the carelessness, recklessness and criminal negligence of defendant’s agents, servants and employees in the manner and by the means following, that is to say:
“That said Frank Loring, husband of plaintiff as aforesaid at the time aforesaid, was working as a section hand for…
2Cases cited10 opinions
- Aerkfetz v. HumphreysSupreme Court of the United States · 1892
- Elliott v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of the United States · 1893
- Kelsay v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1895
- Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
- Hayden v. Missouri, Kansas & Texas Railway Co.Supreme Court of Missouri · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Evans v. Wabash Railroad Co.Supreme Court of Missouri · 1903
- Cahill v. Chicago & Alton Railway Co.Supreme Court of Missouri · 1907
- Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
- Jones v. Virginian Railway Co.West Virginia Supreme Court · 1914
11 more not listed; retrieve them via the Exa API.