Buddy v. Union Terminal Railway Co.
Supreme Court of Missouri
Appeal from Buchanan Circuit Court. — Hon, Thomas B. Allen, Judge. (1) The court properly permitted the minor upon coming of age to prosecute the case in his own name. 67 Mo. 660. (2) In placing two small, light cars, when not in use, unequipped with brakes, upon its tracks practically at the door of the school house without causing them to be fastened to the rail, or without enclosing them in any manner, when they saw and knew that the small children in attendance upon the…
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Appeal from Buchanan Circuit Court. — Hon, Thomas B. Allen, Judge. (1) The court properly permitted the minor upon coming of age to prosecute the case in his own name. 67 Mo. 660. (2) In placing two small, light cars, when not in use, unequipped with brakes, upon its tracks practically at the door of the school house without causing them to be fastened to the rail, or without enclosing them in any manner, when they saw and knew that the small children in attendance upon the school were constantly using them to play upon and about, and when they knew they were dangerous and that injury was…
1Opinion of the CourtFaris, J.
Plaintiff, then approaching ten years of age, was hurt in 1904, by the alleged negligence of defendant. In 1913 he sued defendant, laying his damages at $30,000. Upon a trial had toward the close of the year 1915, proof was adduced pro and con. At the close of all of the evidence defendant asked, and the court nisi gave to the jury a peremptory instruction that under the pleadings and the evidence their verdict should be for the defendant. Thereupon plaintiff took a nonsuit with leave. After an unavailing motion to get this nonsuit set aside he appealed.
Plaintiff in his petition invokes as…
2Cases cited24 opinions
- Dobbins v. Missouri, Kansas & Texas Railway Co.Texas Supreme Court · 1897
- Nagel v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1882
- Catlett v. Railway Co.Supreme Court of Arkansas · 1893
- Louisville & Nashville Railroad v. RayTennessee Supreme Court · 1910
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
19 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Hull Ex Rel. Hull v. GilliozSupreme Court of Missouri · 1939
- Davoren v. Kansas CitySupreme Court of Missouri · 1925
- State Ex Rel. Kansas City Light & Power Co. v. TrimbleSupreme Court of Missouri · 1926
- State Ex Rel. Kansas City v. EllisonSupreme Court of Missouri · 1920
- Howard Ex Rel. Howard v. St. Joseph Transmission Co.Supreme Court of Missouri · 1926
10 more not listed; retrieve them via the Exa API.