Oates v. Union Pacific Railway Co.
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Hon. J. H. ' Slover, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s petition, and the appellant cites the following authorities, to-wit: Dennick v. Railroad, 103 U. S. 11; Knight v. Railroad, 26 Am. & Eng. R. R. Cases, 485; Leonard ». Kav. Co., 84 N. Y. 48; Boyce Railroad, 18 N. W. Rep. (Iowa.) 673; Morris v. Railroad, 23 N. W. Rep. (Iowa) 143; Railroad v. Lewis, 40 N. W. Rep. (Neb.) 401 ; Stoeckman n.
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Appeal from Jackson Circuit Court. — Hon. J. H. ' Slover, Judge. The court erred in sustaining defendant’s demurrer to plaintiff’s petition, and the appellant cites the following authorities, to-wit: Dennick v. Railroad, 103 U. S. 11; Knight v. Railroad, 26 Am. & Eng. R. R. Cases, 485; Leonard ». Kav. Co., 84 N. Y. 48; Boyce Railroad, 18 N. W. Rep. (Iowa.) 673; Morris v. Railroad, 23 N. W. Rep. (Iowa) 143; Railroad v. Lewis, 40 N. W. Rep. (Neb.) 401 ; Stoeckman n. Railroad, 15 Mo.. App. 503; Cooley on Torts [2 Ed.] 266; Debenoise v. Railroad, 98 N. Y. 379 ; Railroad n. Doyle, 60 Miss. 977 ;…
1Opinion of the CourtBlack, J.
— The petition discloses these facts: The defendant, the Union Pacific Railway Company, owns and operates a railroad in the state of Kansas, which extends into this state. The defendant’s servants carelessly and negligently ran a train of cars upon J. M. Oates at a point in the state of Kansas, inflicting injuries upon him from which he died the next day, namely, June 9, 1885. Oates was not in the employ of the defendant at the time he was injured, but he was in the *516employ of another railroad company. At and prior to in's death he resided in this state, and he left surviving a widow and three…
2Cases cited3 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Ash v. Baltimore & Ohio RailroadCourt of Appeals of Maryland · 1890
- Holman v. NanceSupreme Court of Missouri · 1884
3Cited by26 opinions
- Salmon v. RathjensCalifornia Supreme Court · 1907
- Casey v. St. Louis Transit Co.Missouri Court of Appeals · 1905
- Romero v. Atchison, Topeka & Santa Fe Railway Co.New Mexico Supreme Court · 1903
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Lee v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1906
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