Legal Opinion

Sams v. St. Louis & Meramec River Railroad

Supreme Court of Missouri

Decided April 1, 1903PublishedCited by 31 opinions

Appeal from St. Louis City Circuit Court. — No#. Franklin Ferris, Judge. ■ (1) Horn was negligent in not keeping the car free from contact with the electric current while plaintiff was reversing and readjusting the trolley pole, .and this negligence caused plaintiff’s injuries. (2) ’The defendant was and is liable to plaintiff fo.r Horn’s negligence. Act of 1897, .Laws 1897, p. 96. (3) Hogan was guilty of negligence in causing plaintiff’s injuries.

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Appeal from St. Louis City Circuit Court. — No#. Franklin Ferris, Judge. ■ (1) Horn was negligent in not keeping the car free from contact with the electric current while plaintiff was reversing and readjusting the trolley pole, .and this negligence caused plaintiff’s injuries. (2) ’The defendant was and is liable to plaintiff fo.r Horn’s negligence. Act of 1897, .Laws 1897, p. 96. (3) Hogan was guilty of negligence in causing plaintiff’s injuries. At least this issue should have been submitted to the jury. (4) Hogan was vice-principal, and defendant is liable to plaintiff for his negligence.…

1Opinion of the CourtYalliant, J.

Suit for damages' for personal injuries.

The petition states that the defendant is a railroad corporation owning and operating a railroad from a point named in the city • of St. Louis to a point named in St. Louis. county, and is engaged in carrying passengers and freight, by means of cars propelled by steam and electricity; that on each car the defendant has two employees, a motorneer whose station is on the front platform where he manipulates the machinery through which the electric power is applied, and a conductor who has certain other duties to perform. There 'was also at the time and…

2Cases cited19 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
  3. State v. LoomisSupreme Court of Missouri · 1893
  4. Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
  5. Johnson v. St. Paul & Duluth RailroadSupreme Court of Minnesota · 1890

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

3Cited by31 opinions

  1. Indianapolis & Greenfield Rapid Transit Co. v. ForemanIndiana Supreme Court · 1904
  2. Chicago, M. & St. P. Ry. Co. v. WestbyCourt of Appeals for the Eighth Circuit · 1910
  3. Hull v. BaumannSupreme Court of Missouri · 1939
  4. Indianapolis Traction & Terminal Co. v. KinneyIndiana Supreme Court · 1908
  5. Norfolk & Portsmouth Traction Co. v. Ellington's AdministratorSupreme Court of Virginia · 1908

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

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