Legal Opinion

Winkle v. George B. Peck Dry Goods Co.

Missouri Court of Appeals

Decided October 5, 1908PublishedCited by 4 opinions

Appeal from. Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) Fellow-servants. Moore y. Wabash, 85 M'o. 588; Foster v. Mo.,'115 Mo. 165. (2) Negligence of minors in law. Mason y. Railroad, 123 Mo. App. 486; Payne y. Railroad, 136 Mo. 562. (3) Accidents not reasonably anticipated. American y. Talbot, 141 Mo. 674. (4) Choice of two ways. Hnrst y. K. C. P., 163 Mo. 322; Montgomery v. Chicago, 109 Mo. App. 88. (5) Previous accidents. Calcaterra v. Iovaldi, 123 Mo.

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Appeal from. Jackson Circuit Court. — Eon. James E. Blover, Judge. (1) Fellow-servants. Moore y. Wabash, 85 M'o. 588; Foster v. Mo.,'115 Mo. 165. (2) Negligence of minors in law. Mason y. Railroad, 123 Mo. App. 486; Payne y. Railroad, 136 Mo. 562. (3) Accidents not reasonably anticipated. American y. Talbot, 141 Mo. 674. (4) Choice of two ways. Hnrst y. K. C. P., 163 Mo. 322; Montgomery v. Chicago, 109 Mo. App. 88. (5) Previous accidents. Calcaterra v. Iovaldi, 123 Mo. App. 347; Atchison y. Townsend, 39 Kan. 115; Smart v. Kansas City, 91 Mo. App. 594. (6) Presumption of duty done. 95 Mo. App.…

1Opinion of the Court

JOHNSON J.

Plaintiffs, who were the parents of Irene Winkle, deceased, a minor, bought a statutory action for damages on the ground that the death of their daughter was caused by the negligence of defendant. The trial to a jury resulted in a verdict and judgment in their favor in the sum of $1500, and the cause is here on the appeal of defendant. At the time of her death which occurred on the 10th day of September, 1904, Irene was thirteen years old and was employed as a cash girl by defendant, the proprietor of a large department store in Kansas City. She and two other cash girls of about the…

2Cases cited7 opinions

  1. Goransson v. Riter-Conley Manufacturing Co.Supreme Court of Missouri · 1905
  2. Trigg v. Ozark Land & Lumber Co.Supreme Court of Missouri · 1905
  3. Mann v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1907
  4. Franklin v. Missouri, Kansas & Texas Railway Co.Missouri Court of Appeals · 1903
  5. Pickens v. Metropolitan Street Railway Co.Missouri Court of Appeals · 1907

2 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ft. Smith & W. R. Co. v. KnottSupreme Court of Oklahoma · 1916
  2. Birdsong v. JonesMissouri Court of Appeals · 1930
  3. Bradford v. Chicago, Rock Island & Pacific Railway Co.Missouri Court of Appeals · 1909
  4. Birdsong v. JonesMissouri Court of Appeals · 1930

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