Yarnell v. Kansas City, Fort Scott & Memphis Railroad
Supreme Court of Missouri
Appeal from Howell Circuit Court. — Hon. W. I. . Wallace, Judge. . Action for damages for the death of plaintiff’s husband, the petition claiming that such death was caused by the negligence of defendant, in the manner following, to-wit: That plaintiff’s husband, at three o’clock a. m., on July 7, 1890, took his two daughters to Brandsville, a station on defendant’s road, to put. them on a passenger train due about that hour; that, when arrived, no employe of defendant…
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Appeal from Howell Circuit Court. — Hon. W. I. . Wallace, Judge. . Action for damages for the death of plaintiff’s husband, the petition claiming that such death was caused by the negligence of defendant, in the manner following, to-wit: That plaintiff’s husband, at three o’clock a. m., on July 7, 1890, took his two daughters to Brandsville, a station on defendant’s road, to put. them on a passenger train due about that hour; that, when arrived, no employe of defendant appeared to assist his daughters upon the train, and that he helped them upon it; “that before he could get them safely on…
1Opinion of the CourtSherwood, J.
The controlling question in this case, as already seen, is whether the testimony adduced to support the first count in the petition is sufficient to sustain the verdict.
It will have been observed that the gravamen of the petition is contained in its concluding words: *576“That said train barely stopped at said depot and station, and wholly failed to give said parties time to get 'aboard thereof; that in consequence of the negligent failure of defendant’s servants and employes to alight from said train and assist passengers thereon, and the negligent failure of defendant’s servants and employes to…
2Cases cited7 opinions
- Sorenson v. Menasha Paper & Pulp Co.Wisconsin Supreme Court · 1882
- Hurt v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1887
- Lenox v. HarrisonSupreme Court of Missouri · 1885
- Railway Co. v. LawtonSupreme Court of Arkansas · 1892
- Imhoff v. Chicago & Milwaukee Railway Co.Wisconsin Supreme Court · 1866
2 more not listed; retrieve them via the Exa API.
3Cited by66 opinions
- Glaser v. RothschildSupreme Court of Missouri · 1909
- Stumpf v. MontgomerySupreme Court of Oklahoma · 1924
- McGrath v. St. Louis Transit Co.Supreme Court of Missouri · 1906
- Hays v. HoganSupreme Court of Missouri · 1917
- Feary v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1901
61 more not listed; retrieve them via the Exa API.