Clowers v. Wabash, St. Louis & Pacific Railroad
Missouri Court of Appeals
Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge. There must be proof of the appointment of a next friend. Rev. Stat., sects. 3, 69, et seq.; Porter v. Railroad, 60 Mo. 162. The court gave improper instructions at the request of the plaintiff. Hoke v. Railroad, 11 Mo. App. 574; Lee v. Detroit B. & I. Works, 62 Mo. 565; Marshall v. Schricker, 63 Mo. 308; Rains v. Railroad, 71 Mo. 168; Weger v. Railroad, 55 Pa.
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Appeal from the St. Charles County Circuit Court, W. W. Edwards, Judge. There must be proof of the appointment of a next friend. Rev. Stat., sects. 3, 69, et seq.; Porter v. Railroad, 60 Mo. 162. The court gave improper instructions at the request of the plaintiff. Hoke v. Railroad, 11 Mo. App. 574; Lee v. Detroit B. & I. Works, 62 Mo. 565; Marshall v. Schricker, 63 Mo. 308; Rains v. Railroad, 71 Mo. 168; Weger v. Railroad, 55 Pa. St. 460; Keystone Bridge Co. v. Newberry, 96 Pa. St. 246; Feltham v. England, L. R. 2 Q. B. 32; Wilson v. Merry, L. R. 1 H. L. Scotch App. 326; Howells v. Lendore…
1Opinion of the CourtRombauer, J.
The plaintiff, while in the defendant’s employ as a *215laborer, was thrown from one of the defendant’s hand cars, which passed over his prostrate body, inflicting serious injuries upon him, some of which are shown to be permanent in their nature. In this action, brought by next friend, to recover damages for such injury, he obtained a judgment for two thousand and five hundred dollars.
The negligence claimed as the foundation of the action, is that the hand car was defective and unsafe, in this, that the levers on the same were weak,' defective, and unsafe, and were not securely fastened, of…
2Cases cited9 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Gibson v. Pacific RailroadSupreme Court of Missouri · 1870
- Porter v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1879
- Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1881
- Rogers v. MarshSupreme Court of Missouri · 1880
4 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Baxter v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Trask v. Boise King Placers Co.Idaho Supreme Court · 1914
- Lee v. St. Louis, Memphis & Southeastern RailroadMissouri Court of Appeals · 1905
- Banks v. Wabash Western Railway Co.Missouri Court of Appeals · 1890
- Bartley ex rel. Bartley v. TrorlichtMissouri Court of Appeals · 1892
8 more not listed; retrieve them via the Exa API.