Mathieson v. St. Louis & San Francisco Railroad
Supreme Court of Missouri
Appeal from Jackson Circuit Court. — Eon. H. L. Mc-Gune, Judge. „ The petition fails to state a cause óf action and the failure is not aided or cured by the instructions given, or by the evidence.
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Appeal from Jackson Circuit Court. — Eon. H. L. Mc-Gune, Judge. „ The petition fails to state a cause óf action and the failure is not aided or cured by the instructions given, or by the evidence. Beasley v. Transfer Co., 142 Mo. 421; Fuchs v. St. Louis, 167 Mo. 620; Chandler v. Cas Co., 174 Mo. 321; Root v. Railroad (Mo.), 92 S. W. 621; Ray on Negligence of Imposed Duties, 133-134; Webb's Pollock on Torts, 45-46; Stone v. Railroad, 171 Mass. 536; Wood on Master and Servant (2 Ed.), 677; Beach on Contributory Negligence (2 Ed.), sec. 6. The requirements of the Kansas statute as to notice were…
1Opinion of the Court
WOODSON, J. —
This cause was begun in the circuit court of Jackson county to recover damages for personal injuries alleged to have béen sustained by plaintiff, on December 1, 1903, whilst he was employed as a member of a switching crew working in defendant’s yards in Kansas City, Kansas.
A trial was had which resulted in a judgment for plaintiff for the sum of $15,000, and defendant duly appealed the cause to this court.
The petition in substance alleged the incorporation of the defendant; that on the 1st day of December, 1903, plaintiff was employed as a switchman in the defendant’s yards in…
2Cases cited16 opinions
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
- Norris v. HarrisCalifornia Supreme Court · 1860
- Savage v. . O'NeilNew York Court of Appeals · 1871
- Flato v. MulhallSupreme Court of Missouri · 1880
- Hill v. Rich Hill Coal Mining Co.Supreme Court of Missouri · 1893
11 more not listed; retrieve them via the Exa API.
3Cited by29 opinions
- Huff v. Union Electric Co.Missouri Court of Appeals · 1980
- Span v. Jackson-Walker Coal & Mining Co.Supreme Court of Missouri · 1929
- Rositzky v. RositzkySupreme Court of Missouri · 1932
- Ash-Grove Lime & Portland Cement Co. v. Southern Surety Co.Missouri Court of Appeals · 1931
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
24 more not listed; retrieve them via the Exa API.