Boyd v. Missouri Pacific Railway Co.
Supreme Court of Missouri
' Appeal from Barton Circuit Court. — Eon. J. B. Johnson, Judge. (1) The alleged acts of negligence as, set out in petition are wholly insufficient to constitute a cause of action against this defendant under section 5425, R. S. 1909. They are clearly outside of said statute, and are not comprehended therein. The foregoing section is in derogation of the common law, and should he strictly construed.
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' Appeal from Barton Circuit Court. — Eon. J. B. Johnson, Judge. (1) The alleged acts of negligence as, set out in petition are wholly insufficient to constitute a cause of action against this defendant under section 5425, R. S. 1909. They are clearly outside of said statute, and are not comprehended therein. The foregoing section is in derogation of the common law, and should he strictly construed. In other words, it should not he extended to include hand cars, which were not named therein, and which are not public conveyances. Clark v. Railroad, 118 S. W. 45; Bates v. Sylvester, 205 Mo.…
1Opinion of the Court
ROY, C.
This is an action brought in the circuit court of Barton county, on November 29, 1905, under section 5425, Revised Statutes 1909, on account of the death on July 29, 1905, of plaintiff’s husband, Charles J. Boyd, while he was one of a special gang of laborers on a hand car going to their work of surfacing the roadbed of defendant’s railroad.
There was a trial September 19th and 20th, 1906, resulting in a verdict for plaintiff for $6000, and defendant has perfected its appeal.
The petition is as follows:
“Plaintiff states that on the .... day of .... 18.., she was lawfully married to…
2Cases cited20 opinions
- Haehl v. Wabash RailroadSupreme Court of Missouri · 1893
- Stephens v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1888
- Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
- O'Mellia v. Kansas CitySupreme Court of Missouri · 1893
- Soeder v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1890
15 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Boyd v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1913
- Troll v. Laclede Gas Light Co.Missouri Court of Appeals · 1914
- Williams v. Excavating & Foundation Co.Missouri Court of Appeals · 1936
- Honea v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1912
- Hegberg v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1912
31 more not listed; retrieve them via the Exa API.