Legal Opinion

Stuart Ex Rel. Stuart v. Dickinson

Supreme Court of Missouri

Decided November 30, 1921PublishedCited by 30 opinions

Appeal from Jackson Circuit Court. — Hon. Clarence A. Burney, Judge. (1) The court erred in not sustaining the instructions of defendants in the nature of demurrers to the evidence, (a) The cause of action here involved has been adjudicated by the District Court of the United States for the Northern District of Illinois, and its judgment is final. The decree of the Illinois court is res judicata and is not subject to collateral attack.

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Appeal from Jackson Circuit Court. — Hon. Clarence A. Burney, Judge. (1) The court erred in not sustaining the instructions of defendants in the nature of demurrers to the evidence, (a) The cause of action here involved has been adjudicated by the District Court of the United States for the Northern District of Illinois, and its judgment is final. The decree of the Illinois court is res judicata and is not subject to collateral attack. Distinction between direct and collateral attack, and when collateral attack can be made. Lieber v. Lieber, 239 Mo. 1; Wilson v. Wilson, 255 Mo. 536; Reed…

1Opinion of the Court

This is an action under the Employers' Liability Act for personal injuries received in a head-on collision between two freight trains on a line of the Chicago, Rock Island Pacific Railway Company. The plaintiff was the locomotive engineer in charge of one of the trains; and whether negligence on his part, or negligence of the crew of the opposing train, or that of the telegraph operators or signalmen who gave the signals under which the two trains were being operated, caused the collision, was the mainly contested issue in the trial below.

The collision just referred to occurred June 27, 1915,…

2Cases cited21 opinions

  1. Kilbourn v. ThompsonSupreme Court of the United States · 1881
  2. Thompson v. WhitmanSupreme Court of the United States · 1874
  3. Gableman v. Peoria, Decatur & Evansville Railway Co.Supreme Court of the United States · 1900
  4. Texas & Pacific Railway Co. v. JohnsonSupreme Court of the United States · 1894
  5. Cooper v. NewellSupreme Court of the United States · 1899

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3Cited by30 opinions

  1. Drake v. DrakeSupreme Court of Georgia · 1939
  2. Hall v. Wilder Manufacturing Co.Supreme Court of Missouri · 1927
  3. Leichty v. Kansas City Bridge Co.Supreme Court of Missouri · 1945
  4. Wright v. WrightSupreme Court of Missouri · 1942
  5. Godsy v. ThompsonSupreme Court of Missouri · 1944

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

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