Dimmitt v. Hannibal & St. Joseph Railroad
Missouri Court of Appeals
Appeal from the Shelby Circuit Court. — Hon. Thos. H. Bacon, Judge. (1) Tlie defendant’s demurrer to the case made by the evidence for the plaintiff should have been sustained. (2) Unless Kincaid’s “act can be legally attributable to the company, it is clear the company was not the cause of the injury. The maxim, qui facit per alium facit per se, can only apply where there is an authority, either general or special.
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Appeal from the Shelby Circuit Court. — Hon. Thos. H. Bacon, Judge. (1) Tlie defendant’s demurrer to the case made by the evidence for the plaintiff should have been sustained. (2) Unless Kincaid’s “act can be legally attributable to the company, it is clear the company was not the cause of the injury. The maxim, qui facit per alium facit per se, can only apply where there is an authority, either general or special. It is natural justice that one man should not be held liable for the act of another, without his participation, his privity or his authority.” Flower v. Railroad, 69 Pa. St. 210,…
1Opinion of the CourtBiggs, J.
On the seventh day of September, A. D. 1888, the plaintiff was a passenger on one of defendant’s trains *657from Clarence to Shelbina. At or near the railroad station at Shelbina, the car or caboose in which the plaintiff; was riding was derailed, and the plaintiff, in jumping from the car after it had left the track, sprained his ankle; he has brought this action to recover damages for the injury thus received.
The plaintiff in his petition charged that the accident to the train was brought about through the negligence of the defendant’s servants, having it in charge,- and the negligence, thus…
2Cases cited7 opinions
- Snyder v. Han. & St. Jos. R. R.Supreme Court of Missouri · 1875
- Lemon v. ChanslorSupreme Court of Missouri · 1878
- Buel v. . New York Central R.R. Co.New York Court of Appeals · 1865
- Hipsley v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1885
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Geiss v. Twin City Taxicab Co.Supreme Court of Minnesota · 1913
- Thyssen ex rel. Thyssen v. Davenport Ice & Cold Storage Co.Supreme Court of Iowa · 1907
- Emison v. Wylam Ice Cream Co.Supreme Court of Alabama · 1927
- Ice Service Co. v. ForbessSupreme Court of Arkansas · 1929
- Blumenfeld v. Meyer-Schmid Grocer Co.Missouri Court of Appeals · 1921
4 more not listed; retrieve them via the Exa API.