Boland v. Missouri Railroad
Supreme Court of Missouri
Error to St. Louis Circuit Court. I. The question of negligence should have been left to the jury in such a case as this. So it has been held in the case of Hulsenkamp v. Citizen’s Railway Co. (84 Mo. 45, and cases there cited; 1 Hill, on Torts, p. 135, § 45, & notes.) Proof of injury to a passenger on a railroad car, is held prima facie evidence of negligence. (Zemp v. Wilmington, 9 Rich. Law, 84.) II.
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Error to St. Louis Circuit Court. I. The question of negligence should have been left to the jury in such a case as this. So it has been held in the case of Hulsenkamp v. Citizen’s Railway Co. (84 Mo. 45, and cases there cited; 1 Hill, on Torts, p. 135, § 45, & notes.) Proof of injury to a passenger on a railroad car, is held prima facie evidence of negligence. (Zemp v. Wilmington, 9 Rich. Law, 84.) II. It is objected by the defendant that the plaintiffs were guilty of negligence in permitting their child to go out of the house in the open air and sunshine without a nurse, or attendant. (1…
1Opinion of the CourtWagner, Judge
This was a suit under the statute, commenced by the plaintiffs against defendant, to recover damages for the killing of their daughter, a child aged about two years. From the record, we gather these facts: The little child, unattended, was walking across Market street, over the paved crossing, on the west side of Fifth street, one of the most public thoroughfares in the city of St. Louis, and at the same time defendant’s horse car was going west over Fifth street on Market street. The child was proceeding in a fast walk and the by-standers, seeing her danger, cried aloud to the driver to stop…
2Cases cited6 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Bank of United States v. SmithSupreme Court of the United States · 1826
- Robinson v. ConeSupreme Court of Vermont · 1850
- Vinton v. SchwabSupreme Court of Vermont · 1860
- Lee v. DavidSupreme Court of Missouri · 1847
1 more not listed; retrieve them via the Exa API.
3Cited by38 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Wymore v. Mahaska CountySupreme Court of Iowa · 1889
- Townley v. Chicago, MilwauKee & St. Paul Railway Co.Wisconsin Supreme Court · 1881
- G., H. & H. R'y Co. v. MooreTexas Supreme Court · 1883
- Anderson v. Union Terminal RailroadSupreme Court of Missouri · 1901
33 more not listed; retrieve them via the Exa API.