Legal Opinion

Hanlon v. Missouri Pacific Railway Co.

Supreme Court of Missouri

Decided April 15, 1891PublishedCited by 50 opinions

Appeal from, St. Louis City Circuit Coiort. — Host. Daniel Dillon, Judge. (1) Plaintiff’s demurrer to, the whole evidence should have been sustained. Matti v. Railroad, 32 Am, & Eng. R. R. Oases, 73; Railroad v. Davis, 32 Am. & Eng.

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Appeal from, St. Louis City Circuit Coiort. — Host. Daniel Dillon, Judge. (1) Plaintiff’s demurrer to, the whole evidence should have been sustained. Matti v. Railroad, 32 Am, & Eng. R. R. Oases, 73; Railroad v. Davis, 32 Am. & Eng. R. R. Oases, 65; Henze v. Railroad, 71 Mo. 638; Qurley v. Railroad, 93 Mo. 450; Rafferty v. Railroad, 91 Mo. 37; Harty v. Railroad, 95 Mo. 368; Field v. Railroad, 76 Mo. 616; Braxton v. Railroad, 77 Mo. 458; Collins v. Railroad, 65 Mo. 230-32; Waldheir v. Railroad, 71 Mo. 514; Cooley on Torts, 679; Shear. & Red. on Neg., sec. 488. (2) The court committed error in…

1Opinion of the CourtMacfarlane, J.

— This is a suit for personal injuries sustained by plaintiff under the following circumstances :

Plaintiff was in the employ of John O’Brien, who was a manufacturer of boilers and sheet-iron goods in St. Louis. On December 13, 1887, plaintiff, with Murphy and Dickson, two other employes of O ’ Brien, were *385sent with a smokestack about twenty feet long and three feet in diameter, from the factory on the corner of Main and Biddle streets to the depot of the Iron Mountain railroad*

The smokestack was loaded upon a wagon drawn by one mulé; Murphy drove, Dickson rode on the front end of the .wagon…

2Cases cited18 opinions

  1. Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
  2. Kellny v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890
  3. Zimmerman v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1880
  4. Maher v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1876
  5. Murray v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1890

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

3Cited by50 opinions

  1. Banks v. Morris CompanySupreme Court of Missouri · 1924
  2. Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
  3. Montgomery v. Lansing City Electric Railway Co.Michigan Supreme Court · 1894
  4. Nichols v. Chicago, Burlington & Quincy RailroadSupreme Court of Colorado · 1908
  5. Klockenbrink v. St. Louis & Meramec River RailroadSupreme Court of Missouri · 1903

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

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